Opinion

Khan v. Board of Directors of Pentegra Defined Contribution Plan

Court
District Court, S.D. New York
Filed
Dec 11, 2020
Cited by
0 cases
Authority
More cited than 27.2%

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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