Trammell v. Barbara's Bakery Inc.

Filing 24

ORDER by Judge Charles R. Breyer denying 20 Motion to Appoint Counsel. (crblc2, COURT STAFF) (Filed on 11/16/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 13 No. C 12-2664 CRB RICHARD W. TRAMMELL, ORDER DENYING MOTION TO APPOINT INTERIM LEAD CLASS COUNSEL Plaintiff, v. 14 BARBARA’S BAKERY, INC. ET AL., 15 Defendants. / 16 17 Plaintiff Trammel requests appointment of his counsel as interim lead class counsel 18 under Federal Rule of Civil Procedure 23(g), see dkt. 20, which permits but does not require 19 such appointments “if necessary to protect the interests of the putative class,” such as in 20 cases of rival putative class counsel or litigation problems caused by uncertainty in 21 representation of the class. Fed. R. Civ. P. 23(g)(3) advisory committee’s note. Defendant 22 Barbara’s Bakery, Inc. (“Barbara’s”) filed a non-opposition to the appointment, but 23 suggested that counsel be required to propose fee and cost terms. See dkt. 22. 24 Neither Trammel nor Barbara’s has articulated any good reason that interim counsel is 25 necessary. On the contrary, the briefing makes clear that counsel for Trammel has made 26 great progress and worked effectively with counsel for Barbara’s without such appointment. 27 That other counsel might also seek to represent the class effectively in the future does not 28 justify the requested appointment at this time. 1 2 3 The Court finds this motion suitable for resolution without oral argument, see Local Rule 7-1(b), and DENIES Trammel’s motion for appointment of interim class counsel. IT IS SO ORDERED. 4 5 6 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE Dated: November 16, 2012 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\CRBALL\2012\2664\order denying interim class counsel.wpd 2

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