Ramirez v. Trans Union, LLC

Filing 74

ORDER RE: PLAINTIFFS MOTION FOR APPOINTMENT OF INTERIM CLASS COUNSEL (Dkt. No. 50) signed by Magistrate Judge Jacqueline Scott Corley (ahm, COURT STAFF) (Filed on 3/13/2013)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 Northern District of California United States District Court 11 12 13 14 SERGIO L. RAMIREZ, on behalf of himself and all others similar situated, Plaintiff, 15 16 Case No.: 3:12-cv-00632 JSC ORDER RE: PLAINTIFF’S MOTION FOR APPOINTMENT OF INTERIM CLASS COUNSEL (Dkt. No. 50) v. 17 18 TRANS UNION, LLC, Defendant. 19 20 21 Now pending before the Court is Plaintiff’s Motion for Appointment of Interim Class 22 Counsel Pursuant to Federal Rule of Civil Procedure 23(g)(3) (Dkt. No. 50). After carefully 23 considering the pleadings and evidence submitted by the parties, and having had the benefit 24 of oral argument on March 13, 2013, the Court DENIES Plaintiff’s motion as set forth on the 25 record. 26 DISCUSSION 27 Pursuant to Federal Rule of Civil Procedure 23(g)(3), the court “may designate interim 28 counsel to act on behalf of a putative class before determining whether to certify the action as 1 a class action.” Although Rule 23(g)(3) does not provide a standard for appointment of 2 interim counsel, the court may consider the factors contained in Federal Rule of Civil 3 Procedure 23(g)(1). Under Rule 23(g)(1)(A) to court considers: 4 5 6 7 (1) the work counsel has done in identifying or investigating potential claims in the action; (2) counsel’s experience in handling class actions, other complex litigation, and the types of claims asserted in the action; (3) counsel’s knowledge of the applicable law; and (4) the resources that counsel will commit to representing the class. situation in which interim class counsel is appointed is one where “a number of overlapping, 10 duplicative, or competing suits are present.” See Manual for Complex Litigation, Fourth, § 11 Northern District of California Fed. R. Civ. P. 23(g)(1)(A). The Manual for Complex Litigation describes the type of 9 United States District Court 8 21.11, at 246 (Federal Judicial Center 2004). 12 Plaintiff contends that interim appointment of counsel is necessary to ensure that the 13 rights of absent class members are adequately protected; however, to date, neither counsel for 14 Plaintiff nor counsel for Defendant are aware of any suits challenging Trans Union’s OFAC 15 practice other than those brought by Plaintiffs’ counsel. Thus, for the reasons stated on the 16 record at oral argument, the Court finds that appointment of interim class counsel is 17 unnecessary. Plaintiff will have the opportunity to move for appointment of class counsel in 18 connection with the motion for class certification set to be filed July 8, 2013. 19 20 Accordingly, Plaintiff’s Motion for Appointment of Interim Class Counsel Pursuant to Federal Rule of Civil Procedure 23(g)(3) (Dkt. No. 50) is DENIED. 21 22 IT IS SO ORDERED. 23 24 Dated: March 13, 2013 _________________________________ JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?