Jorge Quezada v. Con-Way Inc.

Filing 184

ORDER REGARDING CLASS COUNSEL. Signed by Judge JEFFREY S. WHITE on 11/15/13. (jjoS, COURT STAFF) (Filed on 11/15/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JORGE R. QUEZADA,

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Plaintiff,

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For the Northern District of California

United States District Court

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No. C 09-03670 JSW

v.
CON-WAY FREIGHT, INC.,

ORDER REGARDING CLASS
COUNSEL

Defendant.
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Now before the Court is the motion to permit Westrup Klick, LLP to withdraw as co-co

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counsel for the class and to appoint Marlin & Saltzman, LLP as co-class counsel. The briefing

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on this motion is now complete. The Court has reviewed and considered the motion, and it

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finds it suitable for disposition without oral argument. See N.D. Civ. L.R. 7-1(b).

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Notably, defendant Con-Way Freight, Inc. (“Con-Way”) does not contest that Marlin &

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Saltzman, LLP. has the legal experience and legal expertise to serve as class counsel. Instead,

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Con-Way asserts that Westrup Klick has not provided a sufficient explanation for its need to

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withdraw, that Marlin & Saltzman, LLP. has not sufficiently established that it is committed to

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proceed with the trial schedule and other deadlines in this action, and that additional fees may

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be incurred as a result of this proposed change in counsel.

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Upon review of the supporting papers, the Court finds that Westrup Klick has provided

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good cause for its requested withdrawal and that Marlin & Saltzman, LLP has sufficiently

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demonstrated that it will fairly and adequately represent the interests of the class. Moreover,

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the Court notes that Marlin & Saltzman, LLP has represented that it will not need or request any

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delays due to the substitution of counsel. Finally, to the extent there is duplication of work and

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additional fees are incurred due to the substitution of counsel, that is an issue that the Court may

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address upon a request for attorneys’ fees. Accordingly, Court GRANTS the motion to permit

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Westrup Klick, LLP to withdraw as co-co counsel for the class and to appoint Marlin &

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Saltzman, LLP as co-class counsel.

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IT IS SO ORDERED.

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Dated: November 15, 2013

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JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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