Lewis et al v. Silvertree Mohave Homeowners' Association, Inc., et al

Filing 50

REQUEST FOR RESPONSE RE MOTION FOR APPOINTMENT OF INTERIM CLASS COUNSEL. Signed by Judge Alsup on 3/1/17. (whalc1, COURT STAFF) (Filed on 3/1/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DOMENICA LEWIS, et al.,

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For the Northern District of California

United States District Court

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Plaintiffs,

No. C 16-03581 WHA

v.
SILVERTREE MOHAVE HOMEOWNERS’
ASSOCIATION, et al.,
Defendants.

REQUEST FOR RESPONSE
RE MOTION FOR
APPOINTMENT OF INTERIM
CLASS COUNSEL

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As a prior order stated, “it is reasonable to discount class members’ claims by the risk of

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litigation on the merits, but it is not reasonable to further discount claims by the risk that class

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certification will be denied (Dkt. No. 19 at 5 (citing Howard Erichson, Beware the Settlement

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Class Action, DAILY JOURNAL, Nov. 24, 2014)). Accordingly, the undersigned discourages

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settlement discussions before the class-certification stage. Nevertheless, plaintiffs seek to

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appoint interim class counsel to attend a settlement conference before the class-certification

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stage (Dkt. No. 49).

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By THURSDAY, MARCH 9 AT NOON, plaintiffs shall make a preliminary showing that

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they are likely to succeed in certifying a class under Rule 23. Additionally, plaintiffs shall

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indicate whether any circumstances — besides the apparent wasting of defendants’ insurance

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policy — require the urgency of discussing a settlement before the class is certified. Plaintiffs

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shall please also clarify the significance of their position that certain individual defendants
might also be members of the putative class with regard to any such urgency.

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Please be aware that the undersigned does not use his middle initial, and, anyway, it is
H, not A.

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IT IS SO ORDERED.

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Dated:

March 1, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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