Edwin Mendez v. Emmanuel D Pacquiao et al

Filing 10

MEMORANDUM (IN CHAMBERS) ORDER TO SHOW CAUSE RE ADEQUACY OF COUNSEL by Judge Dale S. Fischer. Refer to the Court's order for details. (pso)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM

Case No.
Title

Date

CV 15-3693 DSF (ASx)

5/18/15

Edwin Mendez, et al. v. Emmanuel D. Pacquiao, 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
is likely to be found adequate would serve the interests of the putative class and of
judicial economy. Therefore, Plaintiff’s counsel is ordered to show cause why he 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 June 12. The response should
provide full and complete information responsive to Rule 23(g)(1)(A) and (B), and
CV-90 (12/02)

MEMORANDUM

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
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 any law firm and any individual attorney seeking to be named as class counsel in any
court, and state whether a class was certified, and, if so, whether the firm or attorney was
named as class counsel;
2. Describe the trial experience of each individual attorney seeking to be named as
class counsel;
3. Describe the experience of each individual attorney seeking to be named as
class counsel in the types of claims asserted in this action;
4. Identify (by court, case name, case number, etc.) all cases in which the court
found any law firm or any individual attorney seeking to be named here as class 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);
5. Identify (by court, case name, case number, etc.) all cases or circumstances in
which the professional conduct or professional ethics (including billing practices) of any
law firm or any individual attorney seeking here to be named as class counsel 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;
6. Identify (by court, case name, case number, etc.) all cases in which any law firm
or any individual attorney seeking to be named here as class counsel has been
admonished or sanctioned by any court or agency and provide the complete facts and
disposition of the matter;
7. Identify (by court, case name, case number, etc.) all cases in which any counsel
or any law firm representing Plaintiff has previously represented, or is currently
representing, Plaintiff;
8. Provide any agreement relating to this action with any person or entity other
than Plaintiff;
9. Provide counsel’s proposal for terms for attorney’s fees and nontaxable costs;
and
10. 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)
The Court requires that each attorney seeking here to be named as class counsel
answer separately (but not necessarily in a separate document). For item 1 only, counsel
CV-90 (12/02)

MEMORANDUM

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
may limit their answers to cases filed within the last eight years or to their most recent 50
cases. For items 4, 5, 6, and 7, the eight year/50 case time limit does not apply. All such
cases must be identified. In addition, counsel must provide all information responsive to
items 4, 5, and 6 regarding any applicable case or circumstance involving a former law
firm, but based on the conduct of the individual attorney seeking here to be named as
class counsel.
IT IS SO ORDERED.

CV-90 (12/02)

MEMORANDUM

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