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In re Daily Fantasy Sports Litigation

United States District Court, D. Massachusetts

March 31, 2016

In re DAILY FANTASY SPORTS LITIGATION This Document Relates To: All Cases

MDL PROCEDURAL ORDER No. 3 APPOINTING CO-LEAD COUNSEL, LIAISON COUNSEL, AND EXECUTIVE COMMITTEE

George A. O’Toole, Jr. United States District Judge

1. After review of the various submitted applications for the leadership positions outlined in MDL Procedural Order No. 2 and in accordance with Rule 23(g) of the Federal Rules of Civil Procedure, the Court hereby appoints the following attorneys to positions within the plaintiffs’ leadership structure:

A. As co-lead counsel, Hunter J. Shkolnik, Melissa Emert, and Jasper D. Ward, IV.
B. As liaison counsel, Christopher Weld, Jr.
C. As members of the Executive Committee, John A. Yanchunis, Jennifer L. Duffy,
D. Todd Mathews, W. Lewis Garrison, Jr., Kevin S. Hannon, Robert K. Shelquist, Michael J. Flannery, Alan Carl Milstein, and Richard S. Cornfeld.

On the basis of the submissions, I find that the above-named attorneys are able litigators who bring ample experience, knowledge, and resources to this complex litigation. See Fed. R. Civ. Pro. 23(g)(1)(A)(ii)-(iv). Notably, several of the above attorneys have performed substantial work in identifying, investigating, and developing the claims alleged. See id. at 23(g)(1)(A)(i).

This slate of attorneys also appears to have broad support among the plaintiffs’ attorneys as a whole, further supporting a conclusion that they will fairly and adequately represent the interests of any plaintiff class. See Fed. R. Civ. Pro. 23(g)(1)(B), 23(g)(4).

The following additional provisions will govern the administration of the plaintiffs’ leadership structure, subject to further order:

2. The appointments are personal in nature and may not be changed except by order of the Court.
3. Except with prior permission from the Court, no motion, request for discovery, or other pretrial proceeding shall be initiated or filed by any plaintiff except through the Executive Committee.
4. Co-lead counsel shall have the following responsibilities:
A. to chair the Executive Committee, which shall be generally responsible for coordinating the activities of plaintiffs’ counsel during pretrial proceedings;
B. to present, after consultation with the Executive Committee and other counsel as may be appropriate, personally or by a designee, the position of the plaintiffs on any matter arising during pretrial proceedings;
C. to delegate specific tasks to other counsel to ensure that pretrial preparation for the plaintiffs is conducted effectively, efficiently, and economically, including the creation of ...

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