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COUNTY OF SUFFOLK v. LONG ISLAND LIGHTING CO.

Nos. 87-CV-646 (JBW), 88-CV-2065 (JBW).

710 F.Supp. 1406 (1989)

COUNTY OF SUFFOLK, a municipal corporation, Robert Alcorn, Christopher S. George, Fred Harrison, Peter Maniscalco, William P. Quinn, and Custom Extruders, Inc., Plaintiffs, v. LONG ISLAND LIGHTING COMPANY, Stone & Webster Engineering Company, Charles R. Pierce, Wilfred O. Uhl, Charles J. Davis, and Andrew W. Wofford, Defendants. UNITED STATES of America ex rel. W. Gordon DICK and John P. Daly, Jr., Plaintiffs, v. LONG ISLAND LIGHTING COMPANY, Charles R. Pierce, Wilfred O. Uhl, Charles J. Davis, and Andrew W. Wofford, Defendants.

United States District Court, E.D. New York.

Filed April 14, 1989.

Attorney(s) appearing for the Case

Hill, Betts & Nash by Bernard Persky, Kenneth F. McCallion, Gregory W. O'Neill, James W. Johnson and Lawrence P. Kolker, New York City, and E. Thomas Boyle, County Atty. of Suffolk County, Hauppauge, N.Y., for plaintiffs Suffolk County and Custom Extruders, Inc.

Vladeck, Waldman, Elias & Engelhard by Judith P. Vladeck, Karen Honeycutt and Julian Birnbaum, New York City, for the Individual Ratepayer plaintiffs.

Bower & Gardner by James D. Harmon, Jr. and Michael J. Eng, New York City, for U.S.

Shea & Gould by Michael Lesch, Ronald H. Alenstein and John G. Nicolich, New York City, for the individual defendants.

Susan E. Silverman, Hicksville, N.Y., for defendant Long Island Lighting Co.

Mudge Rose Guthrie Alexander & Ferdon by Laurence V. Senn, Jr., New York City, for defendant Stone & Webster Engineering.

Robert Abrams, New York State Atty. General's Office, New York City.

MEMORANDUM AND ORDER

WEINSTEIN, District Judge:

Individual plaintiffs and proposed individual plaintiff intervenors will move on December 23, 1988, for, among other relief, certification under Rule 23(b)(1)(A), (b)(1)(B), and 23(b)(3). The basis for the motion under Rule 23(b)(1)(B) is that "adjudications with respect to individual members of the class ... would as a practical matter ... substantially impair or impede their ability to protect their interests...

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