Pileggi et al v. Wells Fargo Bank, N.A.

Filing 30

ORDER DENYING MOTION TO APPOINT INTERIM CLASS COUNSEL by Hon. William Alsup denying 27 Motion to Appoint Counsel.(whalc1, COURT STAFF) (Filed on 1/14/2013)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8
FOR THE NORTHERN DISTRICT OF CALIFORNIA
9

11
For the Northern District of California

United States District Court

10

12
13

No. C 12-01333 WHA

SALVATORE AND SUSAN PILEGGI,
individually and on behalf of all others
similarly situated,
Plaintiffs,

14
15
16
17

ORDER DENYING MOTION TO
APPOINT INTERIM CLASS
COUNSEL

v.
WELLS FARGO BANK, N.A.,
Defendant.
/

18
19

Plaintiffs have filed a motion to appoint interim class counsel on the grounds that the

20

action “may be amenable to early resolution.” Motions to appoint interim class counsel (and to

21

approve settlement) will ordinarily be denied until the record is sufficiently developed such that

22

the interests of absent class members can be determined. This usually requires that most or all

23

discovery be completed. Expert reports may be necessary. Among other things, the available

24

information must be sufficient to ascertain the contours of the class, the potential costs/benefits

25

of the relief to absent class members, and the suitability of the plaintiffs as class representatives.

26
27
28

Accordingly, the motion is DENIED without prejudice to renewal on a more complete
factual record. Counsel should remember that if they truly seek only declaratory and injunctive

1

relief plus attorney’s fees, then the release may not prejudice the right of class members to seek

2

damages individually or as a class.

3
4
5

IT IS SO ORDERED.

6
7

Dated: January 14, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2