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Gallagher v. Ocular Therapeutdc, Inc.

United States District Court, D. Massachusetts

March 9, 2018

THOMAS GALLAGHER, Individually and on Behalf of All Others Similarly Situated,, Plaintiff,
v.
OCULAR THERAPEUTDC, INC. et al., Defendants. DYLAN CARAKER, Individually and on Behalf of All Others Similarly Situated,, Plaintiff,
v.
OCULAR THERAPEUTIX, INC. et al, Defendants. SHAWNA KIM, Individually and on Behalf of All Others Similarly Situated,, Plaintiff,
v.
OCULAR THERAPEUTDC, INC. et al., Defendants.

          ORDER CONSOLIDATING RELATED ACTIONS, APPOINTING LEAD PLAINTIFFS AND APPROVING SELECTION OF COUNSEL

          HONORABLE GEORGE A. O'TOOLE, JR. JUDGE

         WHEREAS, the Court has considered:

         1. The competing motions for Consolidation, Appointment of Lead Plaintiffs and Approval of Lead Counsel filed on September 5, 2017;

         2. The subsequent filings of Yau-Hung Chow; Kenneth Hermson, Jean Claude Dumont, Penny Poirier, and Cynthia Troy (collectively, the "Chow Group"), Thomas Gallagher ("Gallagher"), Osi Peters ("Peters") and Glenn Stephenson ("Stephenson") either withdrawing their motions or notifying the Court that they do no oppose the competing motions; and

         3. The January 12, 2018 Motion of William L. Stephens, Kavita Mehta, and Oleg Tkalych (collectively, the "Ocular Investor Group") and Khaled Ramadan ("Ramadan") seeking Co-Lead » Plaintiff status.

         IT IS HEREBY ORDERED THAT:

         I. CONSOLIDATION OF RELATED ACTIONS

         1. Pursuant to Federal Rule of Civil Procedure 42, the above-captioned actions are hereby consolidated for all purposes into one action.

         2. These actions shall be referred to herein as the "Consolidated Action." This Order shall apply to the Consolidated Action and to each case that is subsequently filed in this Court that relates to the same subject matter as in the Consolidated Action.

         3. Every pleading in this Consolidated Action shall bear the following Caption:

         CLASS ACTION

         [TITLE OF DOCUMENT]

         4. When the document being filed pertains to all actions, the phrase "All Actions" shall appear immediately after the phrase "This Document Relates To:". When the document applies to some, but not all, of the actions, the document shall list, immediately after the phrase "This Document Relates To:", the docket number for each individual action to which the document applies, along with the name of the first-listed plaintiff in said action.

         5. This Court requests assistance of counsel in calling to the attention of the Clerk of this Court the filing or transfer of any case which might not properly be ...


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