Lewis et al v. Silvertree Mohave Homeowners' Association, Inc., et al
Filing
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ORDER DENYING AS MOOT MOTION FOR CLASS CERTIFICATION, SETTING NEW SCHEDULE FOR CLASS CERTIFICATION BRIEFING, AND AWARDING ATTORNEY'S FEES AND COSTS Motions due by 5/18/2017. Motion Hearing set for 6/22/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on 4/26/17. (whalc1, COURT STAFF) (Filed on 4/26/2017)
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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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No. C 16-03581 WHA
Plaintiffs,
v.
SILVERTREE MOHAVE HOMEOWNERS’
ASSOCIATION, et al.,
Defendants.
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ORDER DENYING AS MOOT
MOTION FOR CLASS
CERTIFICATION, SETTING
NEW SCHEDULE FOR CLASS
CERTIFICATION BRIEFING,
AND AWARDING
ATTORNEY’S FEES AND
COSTS
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In November 2016, plaintiffs served discovery requests seeking information concerning
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the identities of residents at the condominium complex at issue herein and information
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disseminated to residents regarding the “no sports play” rules challenged in this action.
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Defendants produced documents reflecting this information as of 2016, but averred no other
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information was available. This statement later proved false.
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At a settlement conference in April, after plaintiffs filed their motion for class
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certification (interim class counsel had already been appointed for the purpose of settlement
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negotiations), it was revealed that other documents reflecting information from earlier years
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existed. In the ensuing weeks, defense counsel produced more than five thousand responsive
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documents that plaintiffs’ counsel had previously been informed did not exist, and which may
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bear on the motion for class certification.
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Plaintiffs now ask to be allowed to refile their motion, accounting for new evidence, or
to allow them to file reply declarations addressing the new evidence and raise new arguments.
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They further ask that defendants be precluded from opposing class certification or that they be
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precluded from making certain arguments. Plaintiffs also seek their reasonable attorney’s fees
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and costs.
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Defendants admit error, and state the incomplete production resulted from
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miscommunication between two of defendants’ offices. They do not oppose plaintiffs’ request
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to file a new motion for class certification, but they do oppose the request to limit their response
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to the motion.
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Plainly, plaintiffs deserve a full opportunity to make their case for class certification.
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The currently-pending motion is DENIED AS MOOT. A new motion is due by MAY 11, to be
noticed on the normal 35-day calendar.
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For the Northern District of California
United States District Court
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This order does not find it appropriate to limit defendants in their ability to oppose class
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certification; however, this order leaves open the possibility that preclusion or adverse
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inferences may be warranted once the motion is fully briefed, upon a further showing by
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plaintiffs that defendants’ delay in producing responsive discovery was prejudicial. Restricting
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defendants’ ability to oppose the motion is particularly inappropriate inasmuch as the
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requirements of Rule 23 do not only protect defendants from inappropriate classwide litigation
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but also protect absent class members by ensuring their case is appropriate for adjudication by a
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representative.
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Defendants shall also pay plaintiffs’ reasonable attorney’s fees and costs as a result of
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this snafu, as follows: By MAY 18, plaintiffs’ counsel shall file a sworn declaration setting forth
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the reasonable attorney’s fees (with detailed description of the hours worked and the applicable
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rate) and costs incurred in bringing the instant motion, refiling their motion for class
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certification, and in preparing the declaration setting forth these fees and costs. Defendants
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shall pay that amount by MAY 25 AT NOON.
IT IS SO ORDERED.
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Dated:
April 26, 2017.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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