"In re Haier Freezer Consumer Litigation"
Filing
35
ORDER GRANTING [27 in 5:11-cv-02911-EJD, [12 in 5:11-cv-02950-EJD] STIPULATION TO CONSOLIDATE; GRANTING [12 in 5:11-cv-02911-EJD, 12 in 5:11-cv-02950-EJD] MOTION TO APPOINT COUNSEL. Signed by Judge Edward J. Davila on 8/17/2011. (ejdlc1, COURT STAFF) (Filed on 8/17/2011) Modified text on 8/17/2011 (ecg, COURT STAFF).
1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE NORTHERN DISTRICT OF CALIFORNIA
9
SAN JOSE DIVISION
10
ROBERT A. DOUGLAS,
NO. 5:11-cv-02911 EJD (PSG)
NO. 5:11-cv-02950 EJD (PSG)
11
CHRISTOPHER COLLINS,
For the Northern District of California
United States District Court
/
ORDER GRANTING STIPULATION TO
CONSOLIDATE; APPOINTING CO-LEAD
INTERIM CLASS COUNSEL
12
Plaintiff(s),
13
v.
14
HAIER AMERICA TRADING, LLC, et. al.,
15
Defendant(s).
[Docket Item Nos. 12, 27]
/
16
Plaintiffs Christopher Collins and Robert A. Douglas (collectively, “Plaintiffs”) filed
17
separate actions in this court on behalf of themselves and all others similarly situated against
18
Defendants Haier America Trading, LLC and General Electric Company (collectively,
19
“Defendants”) for selling freezers in violation fo the energy efficiency standards established by the
20
National Appliance Energy Conservation Act, 42 U.S.C. § 6291 et. seq. On June 24, 2011, Collins
21
and Douglas filed a joint motion to consolidate the actions and to appoint their respective attorneys
22
as co-lead interim class counsel for the putative class (the “Motion”). See Docket Item No. 12.1
23
The court related the cases on June 29, 2011. See Docket Item No. 13. Thereafter, Plaintiffs and
24
Defendants submitted a stipulation to consolidate the actions and advance the hearing on the Motion
25
(the “Stipulation”). See Docket Item No. 27. In light of the parties’ agreement, the court will grant
26
27
28
1
All docket references are the to record in Collins v. Haier America Trading, LLC, 5:11-cv02911 EJD (PSG).
1
Case No. 5:11-cv-02911 EJD (PSG)
ORDER GRANTING STIPULATION TO CONSOLIDATE; APPOINTING CO-LEAD INTERIM CLASS COUNSEL
(EJDLC1)
1
the Stipulation with modifications as stated below. In addition, the court finds Plaintiffs’ unopposed
2
Motion appropriate for decision without oral argument pursuant to Civil Local Rule 7-1(b). As
3
such, the hearing scheduled for January 13, 2012, will be vacated and, as discussed below, the
4
Motion will be granted.2
5
I.
APPOINTMENT OF CO-LEAD INTERIM CLASS COUNSEL
counsel to act on behalf of a putative class before determining whether to certify the action as a class
8
action.” “Instances in which interim class counsel is appointed are those in which overlapping,
9
duplicative, or competing class suits are pending before a court, so that appointment of interim
10
counsel is necessary to protect the interests of class members.” White v. TransUnion, LLC, 239
11
For the Northern District of California
Pursuant to Federal Rule of Civil Procedure 23(g)(3), the court “may designate interim
7
United States District Court
6
F.R.D. 681, 683 (C.D. Cal. 2006) (citing Manual for Complex Litigation (Fourth) § 21.11 (2004)).
12
Although Rule 23(g)(3) does not provide a standard for appointment of interim counsel, the court
13
may consider the factors contained in Federal Rule of Civil Procedure 23(g)(1). Under that section,
14
the court considers: “(I) the work counsel has done in identifying or investigating potential claims in
15
the action; (ii) counsel's experience in handling class actions, other complex litigation, and the types
16
of claims asserted in the action; (iii) counsel’s knowledge of the applicable law; and (iv) the
17
resources that counsel will commit to representing the class.” Fed. R. Civ. Proc. 23(g)(1)(A). The
18
court may also “consider any other matter pertinent to counsel’s ability to fairly and adequately
19
represent the interests of the class.” Fed. R. Civ. Proc. 23(g)(1)(B).
20
Here, Collins is represented by Bursor & Fisher, P.A. and Douglas is represented by Faruqi
21
& Faruqi, LLP. As is evident from their papers, both Bursor & Fisher, P.A. and Faruqi & Faruqi,
22
LLP are experienced class action firms. See Declaration of Scott Bursor (“Bursor Decl.”), Docket
23
Item No. 12, at ¶ 2; see also Declaration of Vahn Alexander (“Alexander Decl.”), Docket Item No.
24
12, at ¶¶ 2, 3. Bursor & Fisher, P.A. have been previously appointed to represent customers of LG
25
Electronics USA, Inc. (“LG”) and Sears Holdings Corporation (“Sears”) in another class action suit
26
similar to the instant action. See Bursor Decl. at ¶ 4. Faruqi & Faruqi, LLP have also served as lead
27
28
2
This disposition is not intended for publication in the official reports.
2
Case No. 5:11-cv-02911 EJD (PSG)
ORDER GRANTING STIPULATION TO CONSOLIDATE; APPOINTING CO-LEAD INTERIM CLASS COUNSEL
(EJDLC1)
1
or co-lead counsel in numerous high-profile class action cases, and are involved with Bursor &
2
Fisher, P.A. in the class action against LG and Sears. See Alexander Decl. at ¶ 3; see also Bursor
3
Decl. at ¶ 4. For this case, the firms have conducted extensive investigation of the potential class
4
action claims through document review, research, interviews with potential class members, and have
5
retained an independent expert to review the energy efficiency of the products at issue. See Bursor
6
Decl. at ¶¶ 5, 6; see also Alexander Decl. at ¶ 4.
7
Having reviewed the papers filed for this motion in the context of Rule 23, the court finds
8
that Bursor & Fisher, P.A. and Faruqi & Faruqi, LLP are qualified to represent the putative class.
9
Accordingly, the court appoints the firms as Co-Lead Interim Class Counsel.
II.
11
For the Northern District of California
United States District Court
10
Based on the foregoing discussion:
12
1.
ORDER
The parties’ stipulation to consolidate is GRANTED. The court consolidates case
13
numbers 5:11-cv-02911 EJD and 5:11-cv-02950 EJD into one action. The Clerk of
14
the Court shall consolidate these actions such that the earliest-filed action, 5:11-cv-
15
02911 EJD, is the lead case. All future filings shall be in 5:11-cv-02911 EJD and
16
shall bear the caption: “In re Haier Freezer Consumer Litigation.” All future related
17
cases shall be automatically consolidated and administratively closed. Since the later
18
action is now subsumed by the first-filed action, the Clerk shall administratively close
19
5:11-cv-02950 EJD. Counsel may identify for the Clerk the filing or transfer or any
20
case which can be properly consolidated into this action.
21
2.
Plaintiffs’ Motion for Appointment of Co-Lead Interim Class Counsel is GRANTED.
22
The court appoints Bursor & Fisher, P.A. and Faruqi & Faruqi, LLP as Co-Lead
23
Interim Class Counsel for the putative class. The request for consolidation included
24
in that motion is MOOT due to the parties’ Stipulation. The hearing on the Motion
25
currently scheduled for January 13, 2012, is VACATED.
26
27
3.
On or before September 1, 2011, Plaintiffs in In re Haier Freezer Consumer
Litigation shall filed a Consolidated Amended Class Action Complaint.
28
3
Case No. 5:11-cv-02911 EJD (PSG)
ORDER GRANTING STIPULATION TO CONSOLIDATE; APPOINTING CO-LEAD INTERIM CLASS COUNSEL
(EJDLC1)
1
4.
Based on the parties’ agreement, Defendants shall have no obligation to answer or
2
otherwise respond to the initial complaints filed in the separate actions. Defendants
3
shall answer, move or otherwise respond to the Consolidated Amended Class Action
4
Complaint on or before October 21, 2011. The filing of the Consolidated Amended
5
Class Action Complaint shall not constitute a waiver of the parties’ right to make any
6
argument based on choice of law or any other applicable principles with respect to
7
any underlying complaints.
8
9
5.
The Case Management Conference previously scheduled in the separate actions for
September 9, 2011, is reset for the consolidated action In re Haier Freezer Consumer
Litigation for December 9, 2011, at 10:00 a.m. in Courtroom 1, 5th Floor of the
11
For the Northern District of California
United States District Court
10
United States District Courthouse in San Jose. The parties shall file a Joint Case
12
Management Statement on or before November 29, 2011.
13
IT IS SO ORDERED.
14
15
16
Dated: August 17, 2011
EDWARD J. DAVILA
United States District Judge
17
18
19
20
21
22
23
24
25
26
27
28
4
Case No. 5:11-cv-02911 EJD (PSG)
ORDER GRANTING STIPULATION TO CONSOLIDATE; APPOINTING CO-LEAD INTERIM CLASS COUNSEL
(EJDLC1)
1
THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:
2
Vahn Alexander valexander@faruqilaw.com
Scott A. Bursor scott@bursor.com
Lawrence Timothy Fisher ltfisher@bursor.com
Paul Lawrence Gale paul.gale@troutmansanders.com
Charles P Greenman charles.greenman@troutmansanders.com
Karen F. Lederer karen.lederer@troutmansanders.com
Martha Kay Martin mmartin@crowell.com
Thomas Howard Prouty thomas.prouty@troutmansanders.com
Douglas Warren Sullivan dsullivan@crowell.com
Eric L Unis eric.unis@troutmansanders.com
Sarah Nicole Westcot swestcot@bursor.com
Adam R. Gonnelli agonnelli@faruqilaw.com
Christopher Marlborough cmarlborough@faruqilaw.com
Antonio Vozzolo avozzolo@faruqilaw.com
3
4
5
6
7
8
9
Dated: August 17, 2011
Richard W. Wieking, Clerk
11
For the Northern District of California
United States District Court
10
12
By:
/s/ EJD Chambers
Elizabeth Garcia
Courtroom Deputy
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
Case No. 5:11-cv-02911 EJD (PSG)
ORDER GRANTING STIPULATION TO CONSOLIDATE; APPOINTING CO-LEAD INTERIM CLASS COUNSEL
(EJDLC1)
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?