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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 12-2664 CRB

RICHARD W. TRAMMELL,

ORDER DENYING MOTION TO
APPOINT INTERIM LEAD CLASS
COUNSEL

Plaintiff,
v.

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BARBARA’S BAKERY, INC. ET AL.,

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Defendants.

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Plaintiff Trammel requests appointment of his counsel as interim lead class counsel

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under Federal Rule of Civil Procedure 23(g), see dkt. 20, which permits but does not require

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such appointments “if necessary to protect the interests of the putative class,” such as in

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cases of rival putative class counsel or litigation problems caused by uncertainty in

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representation of the class. Fed. R. Civ. P. 23(g)(3) advisory committee’s note. Defendant

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Barbara’s Bakery, Inc. (“Barbara’s”) filed a non-opposition to the appointment, but

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suggested that counsel be required to propose fee and cost terms. See dkt. 22.

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Neither Trammel nor Barbara’s has articulated any good reason that interim counsel is

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necessary. On the contrary, the briefing makes clear that counsel for Trammel has made

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great progress and worked effectively with counsel for Barbara’s without such appointment.

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That other counsel might also seek to represent the class effectively in the future does not

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justify the requested appointment at this time.

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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.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: November 16, 2012

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United States District Court
For the Northern District of California

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G:\CRBALL\2012\2664\order denying interim class counsel.wpd

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