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)

Download PDF
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: (510) 665-8644 Facsimile: (510) 665-8511 TTY: (510) 665-8716 Email: ARLENE MAYERSON (Bar No. 79310) DISABILITY RIGHTS EDUCATION AND DEFENSE FUND, INC. 3075 Adeline Street, Suite 210 Berkeley, California 94703 Telephone: (510) 644-2555 Fax/TTY: (510) 841-8645 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: (510) 839-6824 bleeale r corL cworthman(Oewisfeinhergssmn Attorneys for Plaintiffs <0 H0 (-1 H U QHo H UNITED STATES DISTRICT COURT Fr; 2 • 04 v.) o P NORTHERN DISTRICT OF CALIFORNIA \ CD CD s,-) L,1 P Z c ) E; l " -1 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?