Barrett et al v. Apple Inc. et al

Filing 132

ORDER Granting 109 Plaintiffs' Motion to Appoint Interim Co-Lead Class Counsel. Signed by Judge Edward J. Davila on 2/17/2023. (mdllc, COURT STAFF) (Filed on 2/17/2023)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CARL BARRETT, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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v.

Case No. 20-cv-04812-EJD
ORDER GRANTING MOTION TO
APPOINT INTERIM CO-LEAD CLASS
COUNSEL

APPLE INC., et al.,
Defendants.

Re: ECF No. 109

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This matter comes before the Court on Plaintiffs’ Motion to Appoint Interim Co-Lead

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Counsel. ECF No. 109 (“Motion”). Having reviewed the Motion and all supporting materials,

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and having held oral argument on February 17, 2023, the Court GRANTS the Motion.

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Pursuant to Federal Rule of Civil Procedure 23(g)(3), the court “may designate interim

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counsel to act on behalf of a putative class before determining whether to certify the action as a

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class action.” Fed. R. Civ. P. 23(g)(3). Although Rule 23(g)(3) does not provide a standard for

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appointment of interim counsel, the court may consider the factors contained in Federal Rule of

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Civil Procedure 23(g)(1). Under that section, the court considers: “(i) the work counsel has done

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in identifying or investigating potential claims in the action; (ii) counsel’s experience in handling

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class actions, other complex litigation, and the types of claims asserted in the action; (iii) counsel’s

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knowledge of the applicable law; and (iv) the resources that counsel will commit to representing

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the class.” Fed. R. Civ. Proc. 23(g) (1)(A). The court may also “consider any other matter

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pertinent to counsel’s ability to fairly and adequately represent the interests of the class.” Fed. R.

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Civ. Proc. 23(g)(1)(B).

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Case No.: 20-cv-04812-EJD
ORDER GRANTING MOT. TO APPOINT INTERIM CO-LEAD CLASS COUNSEL
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United States District Court
Northern District of California

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Here, Plaintiffs ask the Court to appoint as interim co-lead counsel: Nyran Rose Rasche

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and Nickolas Hagman of Cafferty Clobes Meriwether & Sprengel LLP (“Cafferty Clobes”);

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Anthony Fata and Sarah Flohr of Kirby McInerney LLP (“Kirby McInerney”); and Joseph

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Guglielmo, Alex Outwater, and Christopher Burke of Scott+Scott Attorneys at Law LLP

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(“Scott+Scott”). ECF 109-3 ¶ 7. The Court has heard oral argument on the Motion and reviewed

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the resumes and supporting information provided by these attorneys, and finds that their skill

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shown to date, and knowledge and experience in the kind of case before the Court, is sufficient to

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satisfy Rule 23(g). The Court also finds that the resources their firms possess is adequate. At the

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hearing, the Court inquired about the potential for a conflict of interest between the representation

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of the proposed nationwide class and the proposed subclass of individuals who contacted

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Defendants regarding the gift card funds at issue in this litigation. The Court is satisfied that there

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is no current concern regarding the appointment of Cafferty Clobes, Kirby McInerney, and

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Scott+Scott as interim co-lead class counsel of the nationwide class and the subclass. However,

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the Court remains mindful of the potential for a future conflict of interest, and this Order is subject

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to modification as needed to address such issues.

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On this basis, the court GRANTS the Motion and APPOINTS as interim co-lead counsel:

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Nyran Rose Rasche and Nickolas Hagman of Cafferty Clobes; Anthony Fata and Sarah Flohr of

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Kirby McInerney; and Joseph Guglielmo, Alex Outwater, and Christopher Burke of Scott+Scott.

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IT IS SO ORDERED.
Dated: February 17, 2023

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EDWARD J. DAVILA
United States District Judge

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Case No.: 20-cv-04812-EJD
ORDER GRANTING MOT. TO APPOINT INTERIM CO-LEAD CLASS COUNSEL
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