Pension Trust Fund For Operating Engineers v. DeVry Education Group, Inc. et al

Northern District of Illinois, ilnd-1:2016-cv-05198

STIPULATION Substituting Counsel

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Case: 1:16-cv-05198 Document #: 67 Filed: 08/15/17 Page 1 of 4 PageID #:1092 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PENSION TRUST FUND FOR OPERATING ENGINEERS, Individually and on Behalf of All Case No. 1:16-CV-05198 Others Similarly Situated, Plaintiff, Hon. Jorge L. Alonso v. DEVRY EDUCATION GROUP, INC., DANIEL HAMBURGER, RICHARD M. GUNST, AND TIMOTHY J. WIGGINS, Defendants.: STIPULATION SUBSTITUTING LEAD COUNSEL Lead Plaintiff Utah Retirement Systems ("URS") respectfully submits this Stipulation with regard to the appointment of Lead Counsel in the above-captioned matter. 1. WHEREAS, the Private Securities Litigation Reform Act ("PSLRA") requires the Lead Plaintiff to select and retain counsel to represent the class, subject to Court approval (see 15 U.S.C. § 78u-4(a)(3)(B)(v)); 2. WHEREAS, on August 24, 2016, the Court appointed URS to serve as Lead Plaintiff in this action and approved URS's selection of Spector Roseman Kodroff & Willis, P.C. ("Spector") as Lead Counsel; 3. WHEREAS, URS has conducted an internal review of its litigation, including its selection of Lead Counsel in this action; Case: 1:16-cv-05198 Document #: 67 Filed: 08/15/17 Page 2 of 4 PageID #:1093 4. WHEREAS, as part of that review, URS retained Labaton Sucharow LLP ("Labaton") to represent it and the proposed class in this action, subject to the approval of the Court, and terminated its relationship with Spector in this case; 5. WHEREAS, Spector has agreed to withdraw as Lead Counsel, and URS seeks to substitute Labaton as Lead Counsel in this case; 6. WHEREAS, Spector does not oppose the substitution of Labaton as Lead Counsel in this action; 7. WHEREAS, Labaton has significant experience serving as Lead Counsel in securities class actions and has a proven history of handling this type of complex litigation in courts throughout the Country (see Labaton's Firm Resume, submitted herewith as Exhibit A to the accompanying Declaration of Jonathan Gardner); 8. WHEREAS, Labaton, counsel for URS, informs all of the undersigned that on August 10, 2017, it contacted counsel for Defendants regarding substitution of counsel, and Defendants take no position with respect to the relief sought herein; NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT: 9. URS's selection of Labaton to serve as Lead Counsel in the above- captioned action is approved. 10. Spector is withdrawn as Lead Counsel in the above-captioned matter. Dated: August 15, 2017 Respectfully submitted, /s/ Mark R. Miller Kenneth A. Wexler Mark R. Miller WEXLER WALLACE LLP 55 West Monroe,Suite 3300 Chicago, IL 60603 (312) 346-2222 kaw@wexlerwallace.com 2 Case: 1:16-cv-05198 Document #: 67 Filed: 08/15/17 Page 3 of 4 PageID #:1094 mrm@wexlerwallace.com Liaison Counsel for Plaintiff /s/ Jonathan Gardner Jonathan Gardner (pro hac vice forthcoming) Carol C. Villegas (pro hac vice forthcoming) Theodore J. Hawkins (pro hac vice forthcoming) LABATON SUCHAROW LLP 140 Broadway New York, New York 10005 (212) 907-0700 jgardner@labaton.com cvillegas@labaton.com thawkins@labaton.com /s/ Mark S. Willis Mark S. Willis LABATON SUCHAROW LLP 1050 Connecticut Avenue, NW, Suite 500 Washington, D.C. 20036 202-772-1880 mwillis@labaton.com Counsel for Lead Plaintiff Utah Retirement Systems, and Proposed Lead Counsel /s/ Robert M. Roseman Robert M. Roseman Daniel J. Mirarchi Andrew N. Dodemaide SPECTOR, ROSEMAN & KODROFF, P.C. 1818 Market Street, Suite 2500 Philadelphia, PA 19103 (215) 496-0300 rroseman@srkattorneys.com dmirarchi@srkattorneys.com adodemaide@srkattorneys.com PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED. Dated: _____________, 2017 ____________________________________ JORGE L. ALONSO UNITED STATES DISTRICT JUDGE 3 Case: 1:16-cv-05198 Document #: 67 Filed: 08/15/17 Page 4 of 4 PageID #:1095 CERTIFICATE OF SERVICE I hereby certify that on August 15, 2017, I caused the foregoing to be filed with the Clerk of the Court using the Court's CM/ECF system. Notice of this filing will be sent to all counsel of record through the Court's CM/ECF system. Dated: August 15, 2017 /s/ Mark R. Miller 4