Pileggi et al v. Wells Fargo Bank, N.A.
Filing
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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)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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No. C 12-01333 WHA
SALVATORE AND SUSAN PILEGGI,
individually and on behalf of all others
similarly situated,
Plaintiffs,
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ORDER DENYING MOTION TO
APPOINT INTERIM CLASS
COUNSEL
v.
WELLS FARGO BANK, N.A.,
Defendant.
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Plaintiffs have filed a motion to appoint interim class counsel on the grounds that the
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action “may be amenable to early resolution.” Motions to appoint interim class counsel (and to
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approve settlement) will ordinarily be denied until the record is sufficiently developed such that
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the interests of absent class members can be determined. This usually requires that most or all
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discovery be completed. Expert reports may be necessary. Among other things, the available
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information must be sufficient to ascertain the contours of the class, the potential costs/benefits
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of the relief to absent class members, and the suitability of the plaintiffs as class representatives.
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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
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relief plus attorney’s fees, then the release may not prejudice the right of class members to seek
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damages individually or as a class.
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IT IS SO ORDERED.
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Dated: January 14, 2013.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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