The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------X
IMRAN KHAN, et al.,
ORDER
Plaintiff,
20-CV-07561 (PMH)
v.
[Rel. 20-CV-08503 (PMH)]
BOARD OF DIRECTORS OF PENTEGRA
DEFINED CONTRIBUTION PLAN, et al.,
Defendants.
---------------------------------------------------------X
PHILIP M. HALPERN, United States District Judge:
Counsel for all parties in this action and the related action Greenberg v. Bd. of Dirs. of
Pentegra Defined Contribution Plan, 20-cv-08503-PMH, appeared telephonically at 10:30 a.m.
today for a pre-motion conference. The Court construes defendants’ pre-motion letter-motion for
permission to move for consolidation as a motion to consolidate these cases (Doc. 56). See In re
Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011). Having considered the written responses
thereto by the Khan and Greenberg plaintiffs, and the parties’ argument at the conference today,
for the reasons discussed on the record and the case law cited therein, the Court GRANTS
defendants’ request to consolidate these cases pursuant to Federal Rule of Civil Procedure 42(a),
and hereby consolidates the action entitled Greenberg, et al. v. Pentegra Services, Inc., et al., 20-
cv-08503-PMH, into the action entitled Khan et al v. Bd. of Dirs. of Pentegra Defined Contribution
Plan et al., 20-cv-07561-PMH. Unless otherwise ordered by this Court, future filings shall be filed
and docketed only under docket number 20-cv-07561-PMH.
In connection therewith, for the reasons discussed on the record and the case law cited
therein, the Court directs counsel for all plaintiffs to meet and confer and file a Consolidated
Amended Complaint by 12/28/2020. Counsel is reminded of the Court’s direction to reduce the
footprint of the pleading to only that which is necessary and relevant to the burden of proof. By
1/11/2021, defendants shall file via ECF: a letter advising that they intend to press their pre-motion
conference letter concerning their anticipated motion to dismiss (Doc. 59); a new pre-motion
conference letter addressed to the Consolidated Amended Complaint; or an answer to the
Consolidated Amended Complaint. In the event that defendants file a new pre-motion conference
letter, plaintiffs’ response thereto shall be filed by 1/19/2021, and the Court will thereafter set a
briefing schedule for the motion to dismiss. Defendants need not respond to the constituent
complaints that are the subject of this consolidation Order.
With respect to the pending motion for the appointment of Schlichter Bogard & Denton
LLP as interim lead class counsel (Doc. 60), the Greenberg plaintiffs’ opposition thereto and
motion in support of the appointment of Capozzi Adler, P.C. is due by 12/18/2020. The Khan
plaintiffs’ opposition to the motion in support of the appointment of Capozzi Adler, P.C., and
defendants’ opposition to both motions, is due by 12/28/2020. As discussed on the record, the
parties shall also address their briefing to the issue of the appointment of both firms as co-counsel.
No replies will be permitted.
The parties are reminded to review and comply with my Individual Practices, the most
current version of which can be downloaded from my individual webpage on the S.D.N.Y. website
at https://nysd.uscourts.gov/hon-philip-m-halpern. Also available at that website is the Civil Case
Discovery Plan and Scheduling Order that was discussed during the conference today.
SO ORDERED:
Dated: New York, New York
December 11, 2020
____________________________
Philip M. Halpern
United States District Judge