In re Omnicom Group. Inc. ERISA Litigation
| Carol Maisonette |
| Omnicom Group Inc., Does No. 1-10 and Administrative Committee of the Omnicom Group Retirement Savings Plan |
| Administrative Committee of Omnicom Group Retirement Savings Plan |
| 1:2020cv06007 |
| July 31, 2020 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| Plaintiff |
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Filing 9
STIPULATION AND ORDER REGARDING CONSOLIDATION OF RELATED CASES, AND APPOINTMENT OF LEAD PLAINTIFF AND CO-LEAD COUNSEL, SCHEDULE FOR CONSOLIDATED AMENDED COMPLAINT AND DEFENDANTS' RESPONSE, AND DISCOVERY: The Actions shall be consolidated for all purposes and shall be referred to and captioned as "In re Omnicom Group. Inc. ERISA Litigation." Any actions that have been filed, or may be filed, which are related and which may be considered herewith, are consolidated with In re Omnicom Group. Inc. ER/SA Litigation (the "Consolidated Action"). 2. The Consolidated Action shall bear the Master File No. 20 Civ. 4141 (CM). Any document filed in the Master File No. 20 Civ. 4141 (CM) shall be deemed to have been filed in all of the Actions. 3. When a case that arises out of the subject matter of this action is hereinafter filed in this Court or transferred to this Court from another Court, the clerk of this Court shall: a. File a copy of this Order in the separate file for such action; b. Mail a copy of this Order to the attorneys for the plaintiff(s) in the newly filed or transferred case and to any new defendant(s) in the newly filed or transferred case; and c. Make the appropriate docket entry for this action. 4. Each new case arising out of the subject matter of the Consolidated Action that is filed in this Court or transferred to this Court shall be consolidated with the Consolidated Action and this Order shall apply thereto. 5. The Tepper Plaintiffs and Maisonette Plaintiff are appointed to serve as Lead Plaintiffs for the putative class. 6. Capozzi Adler P.C. and Shepherd Finkelman Miller & Shah LLP are appointed to serve as Co-Lead Counsel for the putative class. 7. Co-Lead Counsel shall have the following responsibilities: a. to coordinate briefing and argument on any and all motions; b. to coordinate the conduct of any and all discovery proceedings; c. to coordinate the examination of any and all witnesses in depositions, as further set forth. 12. Lead Plaintiffs shall file a Consolidated Amended Complaint on or before September 25, 2020. 13. Defendants shall answer, move, or otherwise respond to the Consolidated Amended Complaint within thirty (30) days of the filing of that Consolidated Amended Complaint. 14. Lead Plaintiffs shall oppose any motion to dismiss filed by Defendants within thirty (30) days of the filing of that motion. 15. Defendants shall reply to Lead Plaintiffs' opposition within twenty-one (21) days of the filing of the opposition. 16. Pending a decision on such motion to dismiss, discovery shall be narrowly tailored to avoid expense and delay: After the filing of the Consolidated Amended Complaint, Defendants shall be required to produce the following materials to Lead Plaintiffs, from May 29, 2014 to the present (to the extent such materials are requested by Lead Plaintiffs and have not already been provided): (i) all meeting minutes of the Omnicom Retirement Plan Administrative Committee (the "Committee"); (ii) all materials presented to the Committee during meetings identified in part (i) supra, insofar as those materials relate to the Omnicom Group Retirement Savings Plan (the "Plan"), including reports from the Plan's investment consultant; (iii) all governing Plan documents; (iv) all service provider agreements with respect to the Plan; (v) all participant fee disclosures provided under 29 C.F.R. 2550.404a-5; (vi) all service provider fee disclosures provided under 29 C.F.R. 2550.408b-2; and (vii) insurance agreements under which an insurance company may be liable to satisfy all or part of a possible judgment in this action. Lead Plaintiffs shall be required to produce all documents concerning the Plan or their investments in the Plan. All other discovery shall be stayed pending a decision on such motion to dismiss. The Court will set the rest of the discovery schedule. (Amended Pleadings due by 9/25/2020.) (Signed by Judge Colleen McMahon on 9/17/2020) (mml)
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| CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-04141-CM. (mml) |
| Filing 8 STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-4141 (CM)(SLC). Document filed by Administrative Committee of the Omnicom Group Retirement Savings Plan, Omnicom Group Inc...(Hammel, Jeff) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Administrative Committee of the Omnicom Group Retirement Savings Plan, Omnicom Group Inc...(Hammel, Jeff) |
| Filing 6 NOTICE OF APPEARANCE by Adam Brian Shamah on behalf of Administrative Committee of the Omnicom Group Retirement Savings Plan, Omnicom Group Inc...(Shamah, Adam) |
| Filing 5 NOTICE OF APPEARANCE by Jeff G. Hammel on behalf of Administrative Committee of the Omnicom Group Retirement Savings Plan, Omnicom Group Inc...(Hammel, Jeff) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Laurie Rubinow to RE-FILE Document No. #4 Request for Issuance of Summons, #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the attorney information was omitted from the summons PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The Administrative Committee of the Omnicom Group Retirement Savings Plan, re: #1 Complaint. Document filed by Carol Maisonette..(Rubinow, Laurie) Modified on 9/1/2020 (dnh). |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Omnicom Group Inc., re: #1 Complaint. Document filed by Carol Maisonette..(Rubinow, Laurie) Modified on 9/1/2020 (dnh). |
| Filing 2 CIVIL COVER SHEET filed..(Rubinow, Laurie) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Laurie Rubinow. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pne) |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Laurie Rubinow. The party information for the following party/parties has been modified: Carol Maisonette, Does No. 1-10, Administrative Committee of the Omnicom Group Retirement Savings Plan. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted. (pne) |
| Filing 1 COMPLAINT against Administrative Committee of Omnicom Group Retirement Savings Plan, Does No. 1-10, Omnicom Group Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-20950971)Document filed by Carol Maisonette..(Rubinow, Laurie) |
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