Edward Paragin v. Oreck Corporation et al
Filing
29
MINUTES (IN CHAMBERS) ORDER CONSOLIDATING ACTION AND APPOINTING LEAD INTERIM CLASS COUNSEL by Judge Christina A. Snyder: On 2/27/2012, Plaintiffs' counsel in the Chenier, Edge, Latta, Ruscitti, and Paragin actions filed a Motion for Appointment of Kirtland & Packard LLP as Interim Class Counsel. The six cases transferred by the MDL Panel ML No. 12-2317 CAS (JEMx) [CV 11-05321 CAS (JEMx); EDCV 11-01082 CAS (JEMx); CV 11-08725 CAS (JEMx); CV 12-00949 CAS (JEMx); CV 12-00950 CAS (JEMx); CV 12- 00951 CAS (JEMx)] are consolidated for pretrial purposes only. Kirtland & Packard is hereby appointed lead interim class counsel. The parties are ordered to meet and confer to discuss a case organization structure that is consistent with this order. Court Reporter: Not Present. (gk)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
Date
ML 12-2317 CAS (JEMx)
April 17, 2012
[CV11-5321-CAS(JEMx); EDCV11-1082-CAS(JEMx);
CV11-8725-CAS(JEMx); CV12-949-CAS(JEMx);
CV12-950-CAS(JEMx); CV12-951-CAS(JEMx)]
Title
IN RE ORECK CORPORATION HALO VACUUM AND AIR
PURIFIERS MARKETING AND SALES PRACTICES LITIGATION
Present: The Honorable
CHRISTINA A. SNYDER
CATHERINE JEANG
Deputy Clerk
Not Present
Court Reporter / Recorder
N/A
Tape No.
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Not Present
Not Present
Proceedings:
I.
(In Chambers:) ORDER CONSOLIDATING ACTION AND
APPOINTING LEAD INTERIM CLASS COUNSEL
INTRODUCTION
On February 3, 2012, the Judicial Panel on Multidistrict Litigation (“MDL
Panel”) centralized and transferred six related cases to this Court pursuant to 28 U.S.C.
§ 1407.1 The gravamen of plaintiffs’ complaints is that defendant falsely represented in
its marketing materials that the use of Halo vacuum cleaners and XL Professional,
ProShield, and ProShield Plus air purifiers has certain health benefits, germ-killing
properties, and allergy-prevention abilities.
On February 27, 2012, plaintiffs’ counsel in the Chenier, Edge, Latta, Ruscitti, and
Paragin actions (collectively, “Moving Counsel”) filed a motion for appointment of
Kirtland & Packard LLP (“Kirtland & Packard”) as interim class counsel. Dkt. No. 9.
Plaintiffs’ counsel from the Stiepleman action (collectively, “Opposing Counsel”) filed
1
The six cases are: Gina Chenier, et al. v. Oreck Corporation, CV No. 2:11-5321
(C.D. Cal.); Roxy Edge, et al. v. Oreck Corporation, et al., CV No. 2:11-8725 (C.D. Cal.);
Teri Latta v. Oreck Corporation, et al., CV No. 5:11-1082 (C.D. Cal.); Scott Stiepleman
v. Oreck Corporation, et al., CV No. 0:11-61861 (S.D. Fla.); Gregory Ruscitti v. Oreck
Corporation, CV No. 1:11-3121 (N.D. Ill.); Edward Paragin v. Oreck Corporation, et al.,
CV No. 1:11-580 (S.D. Ohio).
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CIVIL MINUTES - GENERAL
Page 1 of 10
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
ML 12-2317 CAS (JEMx)
Date
April 17, 2012
[CV11-5321-CAS(JEMx); EDCV11-1082-CAS(JEMx);
CV11-8725-CAS(JEMx); CV12-949-CAS(JEMx);
CV12-950-CAS(JEMx); CV12-951-CAS(JEMx)]
Title
IN RE ORECK CORPORATION HALO VACUUM AND AIR
PURIFIERS MARKETING AND SALES PRACTICES LITIGATION
an opposition to the motion on March 5, 2012.2 Dkt. No. 11.3 Moving Counsel filed
their reply on March 12, 2012. Dkt. No. 12.
The Court held a hearing on the matter on March 26, 2012, and ordered the parties
to file supplemental briefs as to whether the Halo vacuum class and air purifiers class
should be consolidated prior to determining who should be appointed interim class
counsel. The parties submitted their respective briefs on April 4, 2012. After carefully
considering the arguments set forth by the parties, the Court finds and concludes as
follows.
II.
DISCUSSION
A.
Whether Actions Should be Consolidated
Moving Counsel argue that the actions involving Halo vacuum purchasers should
be consolidated with the actions involving air purifier purchasers for three reasons. Dkt.
No. 21, Supp. Br. at 2. First, according to Moving Counsel, they already represent named
plaintiffs who have purchased three out of the four products at issue.4 Id. The only
product not purchased by a plaintiff represented by Moving Counsel is the ProShield air
purifier, but Moving Counsel assert that they could “quickly add” such a plaintiff as an
additional class representative if necessary. Id. n.1. Moving Counsel argue that
Opposing Counsel represent only a single purchaser of the ProShield Plus air purifier. Id.
Second, Moving Counsel maintain that the “essence” of all plaintiffs’ claims, whether
2
“Opposing Counsel” are Antonio Vozzolo of Faruqi & Faruqi, LLP (“Faruqi &
Faruqi”), Scott A. Bursor of Bursor & Fisher, P.A., and Barry L. Davis of Thornton,
Davis & Fein, P.A.
3
Oreck also filed an opposition to the motion. Dkt. No. 10.
4
Plaintiffs Edge, Paragin, Latta, Chenier, and Ruscitti purchased Halo vacuums.
Plaintiff Paragin also purchased the ProShield Plus air purifier. Plaintiff Gonzalez
purchased the XL Professional and ProShield Plus air purifiers.
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CIVIL MINUTES - GENERAL
Page 2 of 10
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
ML 12-2317 CAS (JEMx)
Date
April 17, 2012
[CV11-5321-CAS(JEMx); EDCV11-1082-CAS(JEMx);
CV11-8725-CAS(JEMx); CV12-949-CAS(JEMx);
CV12-950-CAS(JEMx); CV12-951-CAS(JEMx)]
Title
IN RE ORECK CORPORATION HALO VACUUM AND AIR
PURIFIERS MARKETING AND SALES PRACTICES LITIGATION
they purchased a vacuum cleaner or air purifier, is that “they were misled into buying a
product that did not live up to its advertised standards.” Id. Third, Moving Counsel
contend that none of the plaintiffs would have purchased the products at inflated prices
but-for the alleged misrepresentations. Id. at 3. Thus, Moving Counsel argue that
consolidation is proper pursuant to Fed. R. Civ. P. 42(a) because all the actions involve
common questions of law and fact. Id. Because of these common questions, and because
each of the actions is at the same stage of litigation, Moving Counsel argue that
consolidation would streamline discovery, save time and effort, promote judicial
economy, and help to facilitate a global settlement. Id. at 5, 9.
Moving Counsel further contend that Opposing Counsel’s arguments against
consolidation were previously rejected by the MDL Panel. Id. at 6. According to
Moving Counsel, the MDL Panel “found troublesome Oreck’s suggestion to ‘slice and
dice’ a handful of actions into several cases. In short, the Panel rejected such an idea
because it would result in the Halo vacuum MDL consisting of two actions in toto and the
Halo vacuum-related claims from two others; while the air purifier MDL would consist of
fewer than three actions: one in its entirety and the air purifier-related claims from two
others.” Id. at 7 (citing MDL order at 2, n.5). Moving Counsel suggests it is
“impossible” to separate Halo vacuum and ProShield Plus cases because the two products
“were marketed together during a significant portion of the class period using identical
claims and advertising, and further, were marketed in a similar manner during the
remainder of the class period.” Id. at 8. Thus, according to Moving Counsel, denying
consolidation risks inconsistent rulings in these cases, “which is of particular concern to
Plaintiff Paragin, as he purchased both the Halo vacuum and the ProShield Plus at the
same time as part of a package offer.” Id.
Finally, Moving Counsel assert that no “actual conflict of interest” exists such that
consolidation should be denied. Id. at 10. According to Moving Counsel, the Court
should reject the assertion that Oreck’s alleged lack of financial resources creates a
conflict because “at the class certification case stage, courts have consistently rejected
challenges to the adequacy of class counsel on the basis that they represented classes,
subclasses or class members who may end up competing for a limited pool of assets,
stating that any such conflicts can be handled at the remedy stage, if and when they
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CIVIL MINUTES - GENERAL
Page 3 of 10
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
ML 12-2317 CAS (JEMx)
Date
April 17, 2012
[CV11-5321-CAS(JEMx); EDCV11-1082-CAS(JEMx);
CV11-8725-CAS(JEMx); CV12-949-CAS(JEMx);
CV12-950-CAS(JEMx); CV12-951-CAS(JEMx)]
Title
IN RE ORECK CORPORATION HALO VACUUM AND AIR
PURIFIERS MARKETING AND SALES PRACTICES LITIGATION
actually arise.” Id. at 11 (citing Seijas v. Rep. of Argentina, 606 F.3d 53, 57 (2d Cir.
2010)).
Opposing Counsel respond that “Halo vacuum cleaners and Oreck Air Purifiers are
separate products, developed, tested and initially marketed by two separate and unrelated
companies: Halo Technologies Inc. and Oreck Corporation and its related entities,” and
that “[e]ven after the acquisition of the Halo vacuum, Oreck has maintained two separate
marketing teams to promote the two products.” Dkt. No. 24, Supp. Br. at 1. According
to Opposing Counsel, out of the “thousands” of advertisements disseminated over a sixyear period involving Halo vacuums and air purifiers, “there appear to have been only
two print advertisements that referenced these products together.” Id. Thus, Opposing
Counsel contend that consolidation “jeopardizes the ‘typicality’ requirement of Rule
23(a)(e)” because “fundamental differences in the two products leads to a substantial
divergence in the evidence . . . concerning the efficacy of these two separate products, as
well as the accuracy of Oreck’s representations.” Id. at 1–2, 6–7 (relying on Wiener v.
Dannon Co., Inc., 255 F.R.D. 658, 665 (C.D. Cal. 2009)). Specifically, Opposing
Counsel assert that the Halo vacuum class has an incentive to prove alleged
misrepresentation as to Oreck’s claims that the “Halo light chamber can kill the flu virus
and E. coli bacteria in as little as .33 seconds,” while that class would have no incentive
to prove the alleged misrepresentations surrounding Oreck’s claims that the “Truman Cell
[in the Oreck air purifiers] captures and destroys bacteria, molds, viruses & fungi by
electrostatically charging and collecting particles.” Id. at 8.
Opposing Counsel also argue that consolidation “jeopardizes the ‘adequacy’
requirement of Rule 23(a)(4)” because the “divergence in evidence, the disparity in class
size and potential recovery for each class, the differences in strength of the claims, and
the defenses applicable to each class will affect counsel’s litigation strategy to the
detriment of one or both of the classes.” Id. at 2. Opposing Counsel assert that, based on
the incomplete sales data produced to date, Oreck sold roughly $200 million worth of air
purifiers during the class period but sold only $5.7 million worth of Halo vacuums during
the two years of the product’s existence. Id. at 11. According to Opposing Counsel,
Oreck maintains only $12 million in insurance coverage, meaning “every dollar awarded
to the Air Purifier class serves naturally to reduce the amount available to the Halo
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CIVIL MINUTES - GENERAL
Page 4 of 10
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
ML 12-2317 CAS (JEMx)
Date
April 17, 2012
[CV11-5321-CAS(JEMx); EDCV11-1082-CAS(JEMx);
CV11-8725-CAS(JEMx); CV12-949-CAS(JEMx);
CV12-950-CAS(JEMx); CV12-951-CAS(JEMx)]
Title
IN RE ORECK CORPORATION HALO VACUUM AND AIR
PURIFIERS MARKETING AND SALES PRACTICES LITIGATION
vacuum class” and thus creates an irreconcilable conflict of interest because one counsel
cannot adequately represent both classes. Id. (relying on Sullivan v. Chase Inv. Servs. of
Boston, Inc., 79 F.R.D. 246, 258 (N.D. Cal. 1978) and Moore v. Margiotta, 581 F. Supp.
649, 652–53 (E.D.N.Y. 1984)). Opposing Counsel maintain that the FTC required Oreck
to pay a $750,000 redress payment, and not more, based on Oreck’s inability to pay a
greater sum. Id. at 12. Finally, Opposing Counsel suggest that consolidation is
inappropriate because the Middle District of Florida previously issued an order
appointing Faruqi & Faruqi as lead interim class counsel for the air purifier class in
connection with the Stiepleman action.
The Court finds that the six cases transferred by the MDL should be consolidated
for pretrial purposes pursuant to Fed. R. Civ. P. 42(a). Rule 42(a) states:
When actions involving a common question of law or fact are pending before the
court, it may order a joint hearing or trial of any or all the matters in issue in the
actions; it may order all the actions consolidated; and it may make such orders
concerning proceedings therein as may tend to avoid unnecessary costs or delay.
Fed. R. Civ. P. 42(a).
“To determine whether to consolidate, a court weighs the interest of judicial
convenience against the potential for delay, confusion and prejudice caused by
consolidation.” Southwest Marine, Inc. v. Triple A Mach. Shop, Inc., 720 F. Supp. 805,
807 (N.D. Cal. 1989); see also Huene v. United States, 743 F.2d 703, 704 on reh’g, 753
F.2d 1081 (9th Cir. 1984). “[W]hile a district court does have broad discretion in
determining whether consolidation is appropriate, [citations] typically, consolidation is
favored.” Perez-Funez v. Dist. Dir., I.N.S., 611 F. Supp. 990, 994 (C.D. Cal. 1984).
Here, each of these actions presents common questions of law and fact. Although
the technology underlying the Halo vacuums and air purifiers is different, plaintiffs’
claims uniformly involve alleged misrepresentations Oreck made in advertising that the
Halo vacuum cleaner and air purifiers could kill certain bacteria and viruses. See Edge
Compl. ¶ 1 (alleging that advertisements for Halo vacuums falsely stated that the
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CIVIL MINUTES - GENERAL
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
ML 12-2317 CAS (JEMx)
Date
April 17, 2012
[CV11-5321-CAS(JEMx); EDCV11-1082-CAS(JEMx);
CV11-8725-CAS(JEMx); CV12-949-CAS(JEMx);
CV12-950-CAS(JEMx); CV12-951-CAS(JEMx)]
Title
IN RE ORECK CORPORATION HALO VACUUM AND AIR
PURIFIERS MARKETING AND SALES PRACTICES LITIGATION
vacuums were “effective in killing virtually all bacteria, viruses, germs, mold and
allergens that exist on the floor surfaces upon which they are used” and advertisements
that air purifiers were “effective in capturing and killing many airborne bacteria and
viruses such as the flu virus”); Paragin Compl. ¶ 4 (alleging that plaintiff was misled into
believing that the vacuum and air purifier he purchased “captured and killed germs,
captured and killed viruses, . . . [and] reduced his chance of getting the flu”); Latta FAC ¶
10 (“kills and/or eliminates all or virtually all bacteria, viruses, germs, molds and
allergens present on the floor and/or carpet areas which it vacuums”); Chenier FAC ¶ 1
(alleging that Oreck “marketed and advertised to the public as [the Halo vacuum] being
effective in killing virtually all bacteria, viruses, germs, mold and allergens that exist on
the floor surfaces upon which they are used, and . . . [Oreck] marketed and advertised [air
purifiers] to the public to be effective in killing many airborne bacteria and viruses such
as the flu virus”); Ruscitti Compl. ¶ 6 (“killing virtually all bacteria, viruses, germs, mold
and allergens that exist on carpets and floor surfaces”); Stiepleman Compl. ¶ 32
(“captures and kills or otherwise eliminates germs, viruses, bacteria, allergens and other
unwanted particles that can lead to health problems for consumers and their families”).
Accordingly, the gravamen of each action is that Oreck misled consumers into purchasing
products that did not perform as advertised. As such, the actions involve common
questions of law and fact.
Second, consolidation serves the interests of judicial economy by promoting
efficiency and saving time for purposes of pretrial discovery and motion practice. See,
e.g., Perez-Funez, 611 F. Supp. at 994 (consolidating actions based on similar factors);
Backe v. Novatel Wireless, Inc., 2008 WL 5214262, *2 (S.D. Cal. Dec. 10, 2008) (same).
By contrast, factors that counsel against consolidation, such as differing trial dates or
stages of discovery, are not present here. Cf. Lewis v. City of Fresno, 2009 WL
1948918, *1 (E.D. Cal. Jul. 6, 2009) (“Factors such as differing trial dates or stages of
discovery usually weigh against consolidation.”).
Finally, the Court is unpersuaded that a conflict presently exists to render
consolidation inappropriate. Opposing Counsel chiefly rely on the assertion that Oreck
lacks sufficient funds to satisfy any judgments that it might face such that one counsel
could not adequately represent two classes with competing interests. However, it is
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
ML 12-2317 CAS (JEMx)
Date
April 17, 2012
[CV11-5321-CAS(JEMx); EDCV11-1082-CAS(JEMx);
CV11-8725-CAS(JEMx); CV12-949-CAS(JEMx);
CV12-950-CAS(JEMx); CV12-951-CAS(JEMx)]
Title
IN RE ORECK CORPORATION HALO VACUUM AND AIR
PURIFIERS MARKETING AND SALES PRACTICES LITIGATION
premature to deny consolidation simply because a potential conflict may arise at the
remedy stage. See, e.g., Seijas v. Rep. of Argentina, 606 F.3d 53, 57 (2d Cir. 2010)
(affirming district court’s decision to grant class certification and resolve any potential
conflicts at remedy stage when they may arise).5
Accordingly, the six cases transferred from the MDL and filed under ML No. 122317 CAS (JEMx) are hereby consolidated for pretrial purposes only. See Lexecon Inc.
v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26, 28 (1998) (“Title 28 U.S.C.
§ 1407(a) authorizes the Judicial Panel on Multidistrict Litigation to transfer civil actions
with common issues of fact ‘to any district for coordinated or consolidated pretrial
proceedings,’ but imposes a duty on the Panel to remand any such action to the original
district ‘at or before the conclusion of such pretrial proceedings.’”). The Court’s order
consolidating these actions for pretrial purposes is separate from any subsequent
decisions the Court may make as to whether a class should be certified, and if so, whether
subclasses may be appropriate. At that time, the Court will consider arguments regarding
any conflicts among class members. The possibility of conflicts does not provide a basis
for not consolidating these actions for pretrial purposes.
B.
Appointment of Class Counsel
On November 2, 2010, while the Chenier and Latta cases were stayed pending a
decision by the MDL as to whether these cases should be consolidated, the Middle
District of Florida issued an order appointing Faruqi & Faruqi as lead interim class
counsel for the air purifier class in connection with the Stiepelman action. For the
reasons set forth below, the Court finds it appropriate to vacate that order.
5
Moreover, Opposing Counsel’s contention that the cases should not be
consolidated because a single counsel “lacks incentive” to prove both Halo vacuum and
air purifier claims is unavailing. Indeed, plaintiff Paragin purchased both a Halo vacuum
and air purifier. Counsel for plaintiff Paragin—part of Moving Counsel herein—has
every incentive to succeed with regard to claims about the Halo vacuums and air
purifiers.
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Page 7 of 10
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
ML 12-2317 CAS (JEMx)
Date
April 17, 2012
[CV11-5321-CAS(JEMx); EDCV11-1082-CAS(JEMx);
CV11-8725-CAS(JEMx); CV12-949-CAS(JEMx);
CV12-950-CAS(JEMx); CV12-951-CAS(JEMx)]
Title
IN RE ORECK CORPORATION HALO VACUUM AND AIR
PURIFIERS MARKETING AND SALES PRACTICES LITIGATION
Courts that have analyzed the issue of whether a transferee court has authority to
vacate orders issued prior to MDL consolidation and transfer apply the “law of the case”
doctrine because “nothing in the text of 28 U.S.C. § 1407 . . . authorizes a transferee
judge to vacate or modify an order of a transferor judge.” In re Pharmacy Benefit
Managers Antitrust Litig., 582 F.3d 432, 440 (3d Cir. 2009); In re Bank of Am. Wage &
Hour Empl. Litig., 2010 U.S. Dist. Lexis 111913, at *19–21 (D. Kan. Oct. 20, 2010). But
see Manual for Complex Litigation, § 20.132 (4th ed. 2004) (“The transferee judge may
vacate or modify any order of a transferor court . . . .”). Under the law of the case
doctrine, “a court is generally precluded from reconsidering an issue previously decided
by the same court, or a higher court in the identical case.” Milgard Tempering, Inc. v.
Selas Corp. of Am., 902 F.2d 703, 715 (9th Cir. 1990). “A court may have discretion to
depart from the law of the case where: (1) the first decision was clearly erroneous; (2) an
intervening change in the law has occurred; (3) the evidence on remand is substantially
different; (4) other changed circumstances exist; or (5) a manifest injustice would
otherwise result.” United States v. Alexander, 106 F.3d 874, 876 (9th Cir. 1997). Here,
the circumstances have changed substantially since the Middle District of Florida issued
its ruling: namely, the six cases have been consolidated and transferred to this Court for
purposes of uniform litigation. Accordingly, the Middle District of Florida order
appointing Faruqi & Faruqi as interim lead class counsel for the air purifier class is
hereby VACATED. The Court now turns to the issue of appointing interim class counsel
in this consolidated action.
Moving Counsel propose the appointment of Behram V. Parekh (current counsel of
record in the Latta and Edge cases) and Michael Louis Kelly, both of Kirtland & Packard,
as lead interim class counsel based on their extensive experience litigating similar cases
and the fact that they filed the Edge and Latta actions.
Opposing Counsel respond that they are the “best qualified” to serve as lead
interim class counsel because they have served as class counsel in “several” similar
matters, including an air purifier class action in the Northern District of California.
Opp’n at 14. Further, Opposing Counsel argue that it expended considerable resources
preparing and filing the first-filed air purifier Stiepleman action, such as communicating
with more than 50 Oreck customers, communicating with authorized Oreck dealers,
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CIVIL MINUTES - GENERAL
Page 8 of 10
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
ML 12-2317 CAS (JEMx)
Date
April 17, 2012
[CV11-5321-CAS(JEMx); EDCV11-1082-CAS(JEMx);
CV11-8725-CAS(JEMx); CV12-949-CAS(JEMx);
CV12-950-CAS(JEMx); CV12-951-CAS(JEMx)]
Title
IN RE ORECK CORPORATION HALO VACUUM AND AIR
PURIFIERS MARKETING AND SALES PRACTICES LITIGATION
inspecting Oreck store locations, reviewing hundreds of websites and media to collect the
false advertisements, receiving and reviewing 2,279 pages of documents from the FTC,
and consulting with experts. Id. at 14–15. Thus, Opposing Counsel assert they are the
most appropriate choice for interim lead class counsel.
Fed. R. Civ. P. 23(g) governs appointment of class counsel. Rule 23(g) provides,
inter alia, that courts must consider the following factors in appointing class counsel:
(i)
(ii)
(iii)
(iv)
the work counsel has done in identifying or investigating potential claims in
the action;
counsel’s experience in handling class actions, other complex litigation, and
the types of claims asserted in the action;
counsel’s knowledge of the applicable law; and
the resources that counsel will commit to representing the class.
Fed. R. Civ. P. 23(g)
Here, the Court is satisfied that Kirtland & Packard meets the criteria of Rule 23(g)
and should serve as lead interim class counsel. First, Kirtland & Packard researched,
prepared, and filed the Edge and Latta cases. Second, Behram Parekh has been litigating
complex securities and consumer class actions for his entire 16 year career. Third,
Michael Kelly, whose career has spanned 30-plus years, has concentrated his trial
practice in products liability, consumer class actions, and business litigation. Finally,
Kirtland & Packard has “extensive experience” in the areas of class action and complex
litigation. See www.kirtlandpackard.com/classactionscomplexlitigation.html (last visited
April 16, 2012). Accordingly, Kirtland & Packard is qualified to serve as lead interim
class counsel.
However, it appears that Faruqi & Faruqi, the counsel of record for the Stiepleman
plaintiffs, should be appointed to serve on an Executive Committee of plaintiffs’ counsel
based on their qualifications as well as their role in preparing the first-filed air purifier
case. The parties are therefore directed to meet and confer to discuss case organization
and appear on May 7, 2012, at 11:00 a.m. to report on the results of such meet and confer.
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CIVIL MINUTES - GENERAL
Page 9 of 10
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
Date
ML 12-2317 CAS (JEMx)
April 17, 2012
[CV11-5321-CAS(JEMx); EDCV11-1082-CAS(JEMx);
CV11-8725-CAS(JEMx); CV12-949-CAS(JEMx);
CV12-950-CAS(JEMx); CV12-951-CAS(JEMx)]
Title
III.
IN RE ORECK CORPORATION HALO VACUUM AND AIR
PURIFIERS MARKETING AND SALES PRACTICES LITIGATION
CONCLUSION
In accordance with the foregoing, the six cases transferred by the MDL Panel ML
No. 12-2317 CAS (JEMx) are consolidated for pretrial purposes only. Kirtland &
Packard is hereby appointed lead interim class counsel. The parties are ordered to meet
and confer to discuss a case organization structure that is consistent with this order.
IT IS SO ORDERED.
00
Initials of Preparer
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CIVIL MINUTES - GENERAL
:
00
CMJ
Page 10 of 10
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