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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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DAVID LOWERY, VICTOR

KRUMMENACHER, GREG LISHER,
and DAVID FARAGHER, individually
and on behalf of themselves and all
others similarly situated,

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v.

Plaintiffs,

SPOTIFY USA INC., a Delaware

corporation,

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Defendant.

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Case No.: 2:15-cv-09929-BRO-RAO

[PROPOSED] ORDER GRANTING
PLAINTIFFS CROSS-MOTION TO
CONSOLIDATE RELATED CASES
AND APPOINT INTERIM LEAD
COUNSEL
[Filed Concurrently with Notice and
Cross-Motion and Declarations]
Date: May 16, 2016
Time: 1:30 p.m.
Judge: Hon. Beverly Reid OConnell

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[PROPOSED] ORDER GRANTING PLAINTIFFS CROSS-MOTION TO CONSOLIDATE

RELATED CASE AND APPOINT INTERIM LEAD COUNSEL

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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, LLPs 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

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

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Counsel shall be generally responsible for coordinating the activities of Plaintiffs

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during pretrial proceedings and shall:

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

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

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matters pertinent to the case during pretrial proceedings;

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b. coordinate discovery on behalf of Plaintiffs;

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c. conduct settlement negotiations on behalf of Plaintiffs;

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

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conduct of the litigation; and

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

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coordination of Plaintiffs pretrial activities or authorized by future court

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order.

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IT IS SO ORDERED.

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Dated: ______, 2016

By

Hon. Beverly Reid OConnell

United States District Court Judge

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[PROPOSED] ORDER GRANTING MOTION FOR CORRECTIVE ACTION TO
PREVENT MISREPRESENTATIONS TO PUTATIVE CLASS MEMBERS

CERTIFICATE OF SERVICE

I certify that on April 18, 2016, I caused a copy of the foregoing to be filed

electronically 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.

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By: ____________________
Mariam Tarzi

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1
[PROPOSED] ORDER GRANTING MOTION FOR CORRECTIVE ACTION TO
PREVENT MISREPRESENTATIONS TO PUTATIVE CLASS MEMBERS