Center for Independent Living, Inc. et al v. Wal-Mart Stores, Inc.

Filing 27

Order by Hon. Charles R. Breyer granting 21 Motion to Appoint Interim Class Counsel.(tlS, COURT STAFF) (Filed on 4/3/2013)

LAURENCE W. PARADIS (Bar No. 122336)
KEVIN KNESTRICK (Bar No. 229620)
CHRISTINE CHUANG (Bar No. 257214)
DISABILITY RIGHTS ADVOCATES
2001 Center Street, Fourth Floor
Berkeley, California 94704
Telephone:
[phone]
Facsimile:
[phone]
TTY:
[phone]
Email:
[e-mail]

ARLENE MAYERSON (Bar No. 79310)
DISABILITY RIGHTS EDUCATION
AND DEFENSE FUND, INC.
3075 Adeline Street, Suite 210
Berkeley, California 94703
Telephone: [phone]
Fax/TTY: [phone]
amayerson@dredforg

BILL LANN LEE (Bar No. 108452)
CATHA WORTHMAN (Bar No. 230399)
LEWIS FEINBERG LEE RENAKER & JACKSON, P.C.
476 9th Street
Oakland, California 94607
Telephone: [phone]
bleeale
r corL
cworthman(Oewisfeinhergssmn
Attorneys for Plaintiffs

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CENTER FOR INDEPENDENT LIVING,
INC., JANET BROWN, and LISA KILGORE
on behalf of themselves and all others
similarly situated,
Plaintiffs,
v.
WAL-MART STORES, INC.,
Defendant.

Case No. C 12-3885 CRB
CLASS ACTION
[PROPOSED] ORDER GRANTING
PLAINTIFFS' MOTION REQUESTING
APPOINTMENT OF INTERIM CLASS
COUNSEL PURSUANT TO RULE 23(G)
Hearing: April 12, 2013
Time:
10:00 a.m.
Place:
Courtroom 6, 17th Floor
Judge: Hon. Charles R. Breyer

[PROPOSED] ORDER
WHEREAS, the Court has ordered that the cases Center For Independent Living, Inc. et
al. v. Wal-Mart Stores, Inc., Case No. 3:12-CV-03885-CRB ("CIL") and Partida v. Wal-Mart
Stores, Inc., Case No. C 13-00305 KAW ("Partida") are related;

WHEREAS, Defendant Wal-Mart Stores, Inc. has filed an unopposed motion pursuant to
Rule 42 of the Federal Rules of Civil Procedure seeking consolidation of the above-captioned
matters;
WHEREAS, Plaintiffs' Counsel in CIL has filed a motion pursuant to Rule 23(g)
requesting appointment as interim class counsel in the CIL and Partida cases;

IT IS HEREBY ORDERED THAT Plaintiffs' Motion Requesting Appointment of DRA,
DREDF, and Lewis Feinberg as Interim Class Counsel Pursuant to Rule 23(g) is GRANTED.

IT IS FURTHER ORDERED THAT Plaintiffs' interim class counsel shall be generally
responsible for coordinating the activities of Plaintiffs during pretrial proceedings, and shall have
authority over the following matters on behalf of all plaintiffs and the putative class in the CIL
and Partida actions, including:
1. Determining and presenting (in briefs, oral argument, or such other fashion as may be
appropriate, personally or by a designee) to the Court and opposing parties the position of
the putative class on all matters arising during pretrial proceedings;
2. Designating which attorneys may appear at hearings and conferences with the Court;
3. Designating which attorneys may appear at settlement negotiations on behalf of the
putative class and conducting settlement negotiations with defendant;
4. Entering into stipulations, with opposing counsel, necessary for the conduct of the
litigation;
5. Determining the scope, order, and conduct of all discovery proceedings;
6. Retaining plaintiffs' experts;
7. Maintaining adequate time and disbursement records covering services as interim class
CIL et al. v. Wal-Mart Stores, Inc., Case No. C 12-3885 CRB
[PROPOSED' Order Granting Plaintiffs' Motion Requesting Appointment of Interim Class Counsel

1

counsel;
8. Ensuring that schedules are met and unnecessary expenditures of time and funds are
avoided;
9. Assigning such work assignments to other counsel as they may deem appropriate;
10. Performing such other duties as may be incidental to proper coordination of plaintiffs'
pretrial activities or authorized by further order of the Court, including the drafting and/or
filing of all pleadings, orders, and correspondence necessary to conduct the litigation; and
11. Planning and coordinating, to the extent practicable, with all related actions filed for all
discovery, law and motion practice and related matters, to ensure the efficient prosecution
of the consolidated cases.

IT IS SO ORDERED
Dated:

April 1

, 2013
The Honorable Charles R. Breyer
United States District Court Judge
Northern District of California

CIL et al. v. Wal-Mart Stores, Inc., Case No. C 12-3885 CRB
'PROPOSED] Order Granting Plaintiffs' Motion Requesting Appointment of Interim Class Counsel

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