Bellwether Community Credit Union v. Chipotle Mexican Grill, Inc.
Filing
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ORDER Granting #15 Plaintiffs' Motion for Appointment of Interim Class Counsel and Leadership Structure. ORDERED by Judge William J. Martinez on 09/15/217. (angar, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 17-cv-1102-WJM-STV
(consolidated with Civil Action No. 17-cv-1283-WJM-STV)
BELLWETHER COMMUNITY CREDIT UNION, and
ALCOA COMMUNITY FEDERAL CREDIT UNION, on behalf of themselves and all
others similarly situated,
Plaintiffs,
v.
CHIPOTLE MEXICAN GRILL, INC.,
Defendant.
ORDER GRANTING PLAINTIFFS’ MOTION FOR APPOINTMENT OF INTERIM
CLASS COUNSEL AND LEADERSHIP STRUCTURE
Before the Court is the Parties’ Joint Motion for Consolidation and Appointment
of Interim Class Counsel/Leadership Structure. (ECF No. 15) (“Joint Motion”). The
Court previously granted the Joint Motion in part as to the parties’ joint req uest for
consolidation; however, the Court reserved ruling on the Plaintiffs’ unopposed 1 request
for appointment of interim class counsel and a leadership structure. (See ECF No. 34.)
For the reasons explained below, the remainder of the Joint Motion is granted.
Rule 23(g)(3) provides that a Court “may designate interim counsel to act on
behalf of a putative class before determining whether to certify the action as a class
action.” Fed. R. Civ. P. 23(g)(3). Although Rule 23(g)(3) itself contains no guidance for
selecting interim counsel, the Court will use the criteria specified in Rule 23(g)(1)(A) for
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Defendant Chipotle Mexican Grill, Inc. “takes no position” as to the request for
appointment of interim class counsel. (ECF No. 15 at 2.)
the appointment of class counsel in making its determination. See Dorn v. Mueller,
2010 WL 2232418, at *1 (D. Colo. May 28, 2010) (applying factors set forth under Rule
23(g)(1)); see also Ehler v. IPEX, Inc., 2009 WL 1392075, at *2 (D. Colo. May 15, 2009)
(“Rule 23(g)(3) is silent as to the standards concerning the appointment of interim class
counsel. However, ‘when appointing interim class counsel, courts generally look to the
same factors used in determining the adequacy of class counsel under Rule
23(g)(1)(A).’” (quoting In re Mun. Derivatives Antitrust Litig., 252 F.R.D. 184, 186
(S.D.N.Y. 2008))).
Rule 23(g)(1)(A) provides that the Court “must consider”:
(i) the work counsel has done in identifying or investigating
potential claims in the action;
(ii) counsel’s experience in handling class actions, other
complex litigation, and the types of claims asserted in the
action;
(iii) counsel’s knowledge of the applicable law; and
(iv) the resources that counsel will commit to representing
the class[.]
Fed. R. Civ. P. 23(g)(1)(A). Furthermore, this Court “may consider any other matter
pertinent to counsel’s ability to fairly and adequately represent the interests of the
class.” Id. 23(g)(1)(B).
Plaintiffs ask the Court to: (1) appoint Joseph P. Guglielmo (Scott+Scott,
Attorneys at Law, LLP) and Arthur M. Murray (Murray Law Firm) as interim co-lead
class counsel; (2) appoint Bryan L. Bleichner (Chestnut Cambronne, PA) as chairman
of the executive committee; and (3) appoint an executive committee comprising of
Karen H. Riebel (Lockridge Grindal Nauen, PLLP), Gary F. Lynch (Carlson Lynch
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Sweet Kilpela & Carpenter, LLP), Brian C. Gudmundson (Zimmerman Reed, LLP), and
Karen S. Halbert (Roberts Law Firm, PA). (ECF No. 15 at 3–4.)
The Plaintiffs contend that the Court should “appoint this well-organized, cohesive
group of law firms to oversee Plaintiffs’ consolidated case, as they will provide the
highest caliber of representation through a client-driven leadership structure that is
committed to maximizing recovery on behalf of the Plaintiffs and ensuring the efficient
prosecution of this litigation.” (Id. at 4.) Plaintiffs further assert that the interim co-lead
class counsel “will coordinate with the Court and defense counsel” and members of the
executive committee “will coordinate with and assist the interim co-lead counsel and
contribute to the costs required to litigate a case of this size on a contingent basis.” (Id.)
As for item (i) from the “must consider” list, the Court is satisfied that the
proposed interim co-lead class counsel and the members of the executive committee
have spent and will continue to spend significant time developing this case. Further, as
to item (iv), the Court recognizes that these firms appear to have the financial resources
and skills necessary to effectively represent the Plaintiffs. (See id. at 7 (“[T]he law firms
that comprise the leadership committee are well-funded and well-staffed firms that have
represented plaintiffs in some of the largest class actions in the country.”).)
As for items (ii) and (iii), the Court has considered the expertise and
qualifications of the proposed interim co-lead class counsel as set forth in their attached
firm résumés. (See ECF Nos. 15-2, 15-3.) Both proposed attorneys have significant
experience litigating complex consumer class actions, including “extensive experience
in data breach litigation.” (ECF No. 15 at 7–8.) Thus, the Court is satisfied that
Plaintiffs’ proposed interim co-lead class counsel are both amply qualified to act as
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counsel for the putative class. Similarly, the proposed executive committee chairman
and the executive committee members have all been engaged in complex litigation
throughout the country and have “successfully prosecuted and defended class litigation
addressing substantive legal questions in the field of data security breaches.” (Id. at 9.)
In sum, the Court concludes that all requirements outlined in Fed. R. Civ. P. 23(g)(1)(A)
have been satisfied.
Accordingly, the Court ORDERS as follows:
1.
The Parties’ Joint Motion for Consolidation and Appointment of Interim Class
Counsel/Leadership Structure (ECF No. 15) is GRANTED as to the Plaintiffs’
request for appointment of interim co-lead class counsel and a leadership
structure;
2.
Mr. Joseph P. Guglielmo and Mr. Arthur M. Murray are APPOINTED as Interim
Co-Lead Class Counsel;
3.
Mr. Bryan L. Bleichner is APPOINTED as Chairman of the Executive Committee;
and
4.
Ms. Karen H. Riebel, Mr. Gary F. Lynch, Mr. Brian C. Gudmundson, and
Ms. Karen S. Halbert are APPOINTED as members of the Executive Committee.
Dated this 15th day of September, 2017.
BY THE COURT:
______________________
William J. Martínez
United States District Judge
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