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[PROPOSED] ORDER GRANTING PLAINTIFFS’ CROSS-MOTION TO CONSOLIDATERELATED CASE AND APPOINT INTERIM LEAD COUNSEL

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UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

DAVID LOWERY, VICTOR

KRUMMENACHER, GREG LISHER,

and DAVID FARAGHER, individually

and on behalf of themselves and all

others similarly situated,

Plaintiffs,v.

SPOTIFY USA INC., a Delawarecorporation,

Defendant.

Case No.: 2:15-cv-09929-BRO-RAO 

[PROPOSED] ORDER GRANTINGPLAINTIFFS’ CROSS-MOTION TOCONSOLIDATE RELATED CASESAND APPOINT INTERIM LEADCOUNSEL

[Filed Concurrently with Notice andCross-Motion and Declarations]

Date: May 16, 2016Time: 1:30 p.m.

Judge: Hon. Beverly Reid O’Connell

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1[PROPOSED] ORDER GRANTING MOTION FOR CORRECTIVE ACTION TO

PREVENT MISREPRESENTATIONS TO PUTATIVE CLASS MEMBERS

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IT IS HEREBY ORDERED, good cause appearing and pursuant to Federal

Rule of Civil Procedure sections 42(a) and 23(G), as follows:

1. Michelman & Robinson, LLP’s Cross-Motion to Consolidate Related

Cases and Appoint Interim Lead Counsel is GRANTED;

2. Pursuant to Federal Rule of Civil Procedure 42(a), the following two

actions are consolidated – Lowery, et al., v. Spotify USA, Inc. (Case No. CV 15-9929-

BRO (RAOx) and Melissa Ferrick, et al., v. Spotify USA Inc. (Case No. CV 16-0180-

BRO (RAOx) – as well as any related actions later transferred to this Court; and

3. Pursuant to Federal Rule of Civil Procedure 23(g)(3), the Court

designates Michelman & Robinson, LLP as Interim Lead Counsel. Interim Lead

Counsel shall be generally responsible for coordinating the activities of Plaintiffs

during pretrial proceedings and shall:

a. determine and present (in briefs, oral argument, or such other fashion

as may be appropriate) to the Court and opposing parties Plaintiffs’ position on all

matters pertinent to the case during pretrial proceedings;

 b. coordinate discovery on behalf of Plaintiffs;

c. conduct settlement negotiations on behalf of Plaintiffs;

d. enter into stipulations with opposing counsel as necessary for the

conduct of the litigation; and

e. perform any and all such duties as may be incidental to the proper

coordination of Plaintiffs’ pretrial activities or authorized by future court

order.

IT IS SO ORDERED.

Dated: ______, 2016 ByHon. Bever y Re O’ConneUnited States District Court Judge

 

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1[PROPOSED] ORDER GRANTING MOTION FOR CORRECTIVE ACTION TO

PREVENT MISREPRESENTATIONS TO PUTATIVE CLASS MEMBERS

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CERTIFICATE OF SERVICE

I certify that on April 18, 2016, I caused a copy of the foregoing to be filedelectronically and that the document is available for viewing and downloading from

the ECF system. Participants in the case who are registered CM/ECF users will be

served by the CM/ECF system.

By: ____________________

Mariam Tarzi