Ramirez v. Trans Union, LLC
Filing
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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)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Northern District of California
United States District Court
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SERGIO L. RAMIREZ, on behalf of
himself and all others similar situated,
Plaintiff,
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Case No.: 3:12-cv-00632 JSC
ORDER RE: PLAINTIFF’S MOTION
FOR APPOINTMENT OF INTERIM
CLASS COUNSEL (Dkt. No. 50)
v.
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TRANS UNION, LLC,
Defendant.
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Now pending before the Court is Plaintiff’s Motion for Appointment of Interim Class
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Counsel Pursuant to Federal Rule of Civil Procedure 23(g)(3) (Dkt. No. 50). After carefully
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considering the pleadings and evidence submitted by the parties, and having had the benefit
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of oral argument on March 13, 2013, the Court DENIES Plaintiff’s motion as set forth on the
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record.
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DISCUSSION
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Pursuant to Federal Rule of Civil Procedure 23(g)(3), the court “may designate interim
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counsel to act on behalf of a putative class before determining whether to certify the action as
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a class action.” Although Rule 23(g)(3) does not provide a standard for appointment of
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interim counsel, the court may consider the factors contained in Federal Rule of Civil
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Procedure 23(g)(1). Under Rule 23(g)(1)(A) to court considers:
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(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,
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duplicative, or competing suits are present.” See Manual for Complex Litigation, Fourth, §
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Northern District of California
Fed. R. Civ. P. 23(g)(1)(A). The Manual for Complex Litigation describes the type of
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United States District Court
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21.11, at 246 (Federal Judicial Center 2004).
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Plaintiff contends that interim appointment of counsel is necessary to ensure that the
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rights of absent class members are adequately protected; however, to date, neither counsel for
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Plaintiff nor counsel for Defendant are aware of any suits challenging Trans Union’s OFAC
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practice other than those brought by Plaintiffs’ counsel. Thus, for the reasons stated on the
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record at oral argument, the Court finds that appointment of interim class counsel is
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unnecessary. Plaintiff will have the opportunity to move for appointment of class counsel in
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connection with the motion for class certification set to be filed July 8, 2013.
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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.
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IT IS SO ORDERED.
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Dated: March 13, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE
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