Brunilda Stephens v. Nordstrom, Inc. et al

Filing 35

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE re Adequacy of Counsel by Judge Dale S. Fischer. Refer to the Court's order for specifics. (iv)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM

Case No.
Title

CV 17-5872 DSF (KSx)

Date

1/24/18

Brunilda Stephens, et al. v. Nordstrom, 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
is likely to be found adequate would serve the interests of the putative class and of
judicial economy. That is particularly true in this case, where Plaintiff’s counsel have
previously filed a virtually identical case in which they failed to file a timely motion for
class certification, and in this case failed to comply with Local Rule 83-1.3.1. In
addition, review of the dockets in the federal cases in which Plaintiff’s counsel have
appeared suggests that counsel are likely not adequate Therefore, Plaintiff’s counsel are
ordered to show cause in writing no later than February 8, 2018 why they would be
adequate counsel to represent the class if a class were certified. A hearing on the matter
will take place on February 12, 2018 at 11:00 a.m. 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
CV-90 (12/02)

MEMORANDUM

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
pertinent to the appointment and to propose terms for attorney’s fees and
nontaxable costs.
Fed.R.Civ.P. 23(g)(1).
The response should provide full and complete information responsive to Rule
23(g)(1)(A) and (B), 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 any law firm and any individual attorney seeking to be named as class counsel in any
court, and state whether a motion for class certification was filed, whether a class was
certified, and, if so, whether the firm or attorney was named as class counsel (if there are
more than 20 for any individual or firm, describe the most recent 20);
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 other complex cases and in the types of claims asserted in this action, and
describe the nature of the cases/claims;
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 (not limited to class
actions or putative class actions) or circumstances in which the conduct or ethics
(professional or otherwise) (including billing practices) of any law firm or any individual
attorney seeking here to be named as class counsel have been the subject of 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 (not limited to class
actions or putative class actions) 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, and charge) any criminal conviction
of any counsel seeking to be named as class counsel;
8. Identify (by court, case name, case number, etc.) all cases (not limited to class
actions or putative class actions) in which any counsel or any law firm representing
Plaintiff has previously represented, or is currently representing, Plaintiff;
9. Provide any agreement relating to this action with any person or entity other
than Plaintiff;
10. Provide counsel’s proposal for terms for attorney’s fees and nontaxable costs;
CV-90 (12/02)

MEMORANDUM

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
11. Describe any liens against the assets, etc. of any law firm or any individual
attorney seeking to be named here as class counsel;
12. 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 and firm seeking here to be named as class
counsel answer separately (but not necessarily in a separate document). 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 in whole or in
part 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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