Alice Jones v. Supervalu Inc. et al.

Filing 30

MINUTES (IN CHAMBERS) by Judge Dale S. Fischer re adequacy of counsel. See Minute Order for specifics. Response to Order to Show Cause due by 1/5/2015. (dp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM

Case No.
Title

Date

CV 14-6640 DSF (JEMx)

12-15-14

Alice Jones, et al. v. Supervalu Inc., et al.

Present: The
Honorable

DALE S. FISCHER, United States District Judge

Debra Plato
Deputy Clerk

Not Present
Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers) Order to Show Cause re Adequacy of Counsel

Although adequacy of counsel is ordinarily determined at a later stage of the
proceedings, it appears an early preliminary determination of whether Plaintiff’s counsel
are likely to be found adequate would serve the interests of the putative class and of
judicial economy. Therefore, Plaintiff’s counsel are ordered to show cause why they
would be adequate counsel to represent the class if a class were certified. In appointing
class counsel, the Court:
(A) must consider:
(i) the work counsel has done in identifying or investigating potential
claims in the action;
(ii) counsel’s experience in handling class actions, other complex
litigation, and the types of claims asserted in the action;
(iii) counsel’s knowledge of the applicable law; and
(iv) the resources that counsel will commit to representing the class;
(B) may consider any other matter pertinent to counsel’s ability to fairly and
adequately represent the interests of the class;
(C) may order potential class counsel to provide information on any subject
pertinent to the appointment and to propose terms for attorney’s fees and
nontaxable costs.
Fed.R.Civ.P. 23(g)(1).
A written response must be submitted no later than January 5, 2015. The response
should provide full and complete information responsive to Rule 23(g)(1)(A) and (B),
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MEMORANDUM

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
and sufficient for the Court to make an informed decision. Among other things, counsel
must:
1. Identify (by court, case name, case number, etc.) all putative class actions filed
by counsel in any court, and state whether a class was certified, and, if so, whether
counsel was named as class counsel;
2. Describe counsel’s trial experience;
3. Identify (by court, case name, case number, etc.) any case in which the court
found counsel not to be adequate to represent a class or otherwise declined to grant
counsel’s request to be appointed, and specify the reasons given by the court (or provide
a copy of the opinion or decision);
4. Identify (by court, case name, case number, etc.) any case or circumstance in
which counsel’s professional conduct or professional ethics (including billing practices)
have been the subject of any written inquiry by any court, administrative agency, or bar
association, and provide the complete facts and disposition of the matter;
5. Identify (by court, case name, case number, etc.) any case in which counsel
have been admonished or sanctioned by any court or agency and provide the complete
facts and disposition of the matter;
6. Provide any agreement relating to this action with any other person or entity
other than Plaintiff;
7. Provide counsel’s proposal for terms for attorney’s fees and nontaxable costs;
and
8. Describe how counsel intends to staff this case and the means by which counsel
will fund the necessary costs, including expert’s fees. (The latter information may be
filed in camera and under seal.)
See Rule 23(g)(1)(C)
IT IS SO ORDERED.

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MEMORANDUM

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