IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

LAWRENCE H. GRESS, on behalf of 

himself and others similarly situated, 

Plaintiff, 

v.

COMMONWEALTH EDISON COMPANY, 

an Illinois corporation; JOHN DOES 1-100,

Defendants. 

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Case No. 1:20-cv-04405 

Hon. Jorge L. Alonso 

COMMONWEALTH EDISON’S AND EXELON’S RESPONSE TO GRESS AND 

BROOKS PLAINTIFFS’ MOTION FOR APPOINTMENT OF CO-LEAD COUNSEL 

Defendants Commonwealth Edison Company (“ComEd”) and Exelon Corporation 

(“Exelon”), by and through their attorneys, respond to the Gress and Brooks Plaintiffs’ Motion 

for Entry of Pre-Trial Order Appointing Interim Co-Lead Counsel, Liaison Counsel, and 

Executive Committee Members. (Dkt. 32.) 

1. Various plaintiffs have filed four separate, but related, complaints against ComEd 

and Exelon, among others, arising from the same common nucleus of alleged facts and alleging 

overlapping violations of federal and Illinois state law. In addition to this action (20 CV 04405), 

later filed cases are now pending before Judge Sharon Johnson Coleman (Brooks et al. v ComEd 

et al., 20 CV 04555), Judge Sara L. Ellis (Potter et al. v. ComEd et al., 20 CV 04675), and Judge 

Martha M. Pacold (South Branch et al. v. ComEd et al., 20 CV 04980). 

2. Plaintiffs in this action – Gress – have filed motions to reassign the Brooks and 

Potter cases to this Court as matters related to the Gress case. (Dkt. 20 and 22.) ComEd and 

Exelon have filed a statement in support of relating and reassigning those cases. (Dkt. 26.) 

Similarly, ComEd also has recently filed a motion requesting this Court deem the fourth of these 

cases (South Branch, 20 CV 04980) related to Gress and recommend to the Executive 

Case: 1:20-cv-04405 Document #: 41 Filed: 09/29/20 Page 1 of 4 PageID #:486
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Committee that this additional case also be reassigned. (Dkt. 39.) The claims in the South 

Branch case closely track the claims in Gress, as well as the claims in Brooks and Potter, with 

the claims in each case arising out of a common nucleus of alleged facts and common questions 

of law. The interests of judicial efficiency will be served by having a single judge assigned as 

soon as practicable to preside over all four proceedings, which in turn will help to ensure an 

orderly schedule, and to avoid duplicative and wasteful motion practice. 

3. As concerns the Gress and Brooks plaintiffs’ motion to appoint interim co-lead 

counsel pursuant to Fed. R. Civ. P. 23(g) (Dkt. 32), ComEd and Exelon support and endorse 

plaintiffs’ request that lead class counsel be determined, so the various plaintiffs’ groups can 

coordinate appropriately on scheduling and the filing of a consolidated amended complaint. 

Each of these steps will materially advance the interests of judicial efficiency and lead to an 

orderly set of proceedings before this Court. ComEd and Exelon take no position, however, on 

the question of which counsel should be appointed as lead counsel in this series of class actions. 

4. Additionally, ComEd and Exelon also support the initial schedule proposed by the 

Gress and Brooks plaintiffs for filing a consolidated complaint and for ComEd and Exelon to 

respond to that complaint – namely, thirty days after the filing of a consolidated complaint. (See

Proposed Order: Pre-Trial Case Schedule, attached to email from M. Leonard to Chambers, 

dated 9/16/20 at 10:50 pm.) ComEd and Exelon have filed an agreed motion to extend the 

current date for responding to the complaints in the Gress and Brooks cases from October 1, 

2020, to either (i) thirty days after the filing of a consolidated complaint, or (ii) the date a 

response is due in either of the Potter or South Branch cases if they are not consolidated with the 

Gress and Brooks cases, whichever date is earlier. 

5. Counsel for ComEd and Exelon will be in attendance at the status hearing set for 

October 6, 2020, and will be prepared to address questions the Court may have about their 

positions on any of the motions filed to date in this matter. 

Case: 1:20-cv-04405 Document #: 41 Filed: 09/29/20 Page 2 of 4 PageID #:487
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Dated: September 29, 2020 Respectfully submitted, 

/s/ Terrence J. Truax 

Terrence J. Truax 

Matthew E. Price (Pro Hac Vice pending) Gayle E. Littleton 

JENNER & BLOCK E. Glenn Rippie 

1099 New York Avenue, NW Suite 900 JENNER & BLOCK LLP 

Washington, DC 20001-4412 353 N. Clark Street 

Telephone: (202) 639-6000 Chicago, IL 60654-3456 

Facsimile: (202) 639-6066 Telephone: (312) 222-9350 

Facsimile: (312) 527-0484 

Counsel for Defendants 

Commonwealth Edison Company and 

Exelon Corporation 

Case: 1:20-cv-04405 Document #: 41 Filed: 09/29/20 Page 3 of 4 PageID #:488
CERTIFICATE OF SERVICE 

I, Terrence J. Truax, an attorney, certify that I caused copies of the foregoing 

COMMONWEALTH EDISON’S AND EXELON’S RESPONSE TO GRESS AND 

BROOKS PLAINTIFFS’ MOTION FOR APPOINTMENT OF CO-LEAD COUNSEL to 

be served on all counsel of record via the Court’s electronic filing system. 

 /s/ Terrence J. Truax 

Counsel for Defendants Commonwealth Edison 

Company and Exelon Corporation 

Case: 1:20-cv-04405 Document #: 41 Filed: 09/29/20 Page 4 of 4 PageID #:489