Board of Commissioners of Montgomery County, Ohio, on behalf of Montgomery County, Ohio v. Federal Housing Finance Agency et al

Filing 48

ORDER granting 40 Motion to Certify Class R. 40. Signed by Judge Thomas M Rose on 2/28/13. (kje1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

BOARD OF COMMISSIONERS OF
MONTGOMERY COUNTY, OHIO, on behalf of
MONTGOMERY COUNTY, OHIO; and BOARD OF
COMMISSIONERS OF SENECA COUNTY, OHIO
on behalf of SENECA COUNTY, OHIO, on behalf of
themselves and all others similarly situated,
Case No. 3:12-cv-245
Judge Thomas M. Rose

Plaintiffs,
v.
FEDERAL HOUSING FINANCE AGENCY, as
Conservator for Federal National Mortgage Association
and Federal Home Loan Mortgage Corporation;
FEDERAL NATIONAL MORTGAGE
ASSOCIATION a/k/a FANNIE MAE, a federally
chartered corporation; and FEDERAL HOME LOAN
MORTGAGE CORPORATION a/k/a FREDDIE
MAC, a federally chartered corporation,
Defendants.

Order Granting Motion to Certify Class. R. 40.
This matter is before the Court on the Plaintiffs’ Motion for Class Certification and
Supplemental Motion, ECF Nos. 40, 40-1, & 43, and Defendants’ Consent Response To
Plaintiffs’ Motion For Class Certification, ECF No. 47.

Based upon Defendants’ consent,

subject to certain reservations of rights and defenses, to Plaintiffs’ Motion for Class
Certification, and for good cause shown, it is hereby ORDERED as follows:
1.

The Court has jurisdiction over the subject matter of this lawsuit, over all parties to this

lawsuit, and over all Class members (as defined below);
2.

A class is hereby CERTIFIED pursuant to Federal Rule of Civil Procedure 23(a) and

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(b)(3), and is defined as follows:
“Any Ohio County that recorded a deed or other conveyance to or from the Enterprise
Defendants where those Defendants claimed to be exempt from payment of the Ohio Transfer
Taxes.”
3.

The Court finds that the prerequisites for a class action under Federal Rule of Civil

Procedure 23(a) and (b)(3) have been satisfied inasmuch as (a) the number of Class members is
so numerous that joinder of all members thereof is impracticable; (b) there are questions of law
and fact common to the members of the Class; (c) the claims of the named Plaintiff are typical of
the claims of other members of the Class; (d) the named Plaintiff will fairly and adequately
represent the interests of the Class; (e) the prosecution of separate actions by or against
individual members of the Class would create a risk of (1) inconsistent or varying adjudications
with respect to individual members of the Class, which would establish incompatible standards
of conduct for the Defendants, or (2) adjudications with respect to individual members of the
Class that would, as a practical matter, be dispositive of the interests of the other members or
would otherwise substantially impair or impede other Class members’ ability to protect their
interests; (f) there are common questions of law and fact involving the Class members, which
common questions predominate over any individualized issues; and (g) a class action is superior
to other available methods for the fair and efficient adjudication of the controversy. The Board of
Commissioners of Montgomery County, Ohio and the Board of Commissioners of Seneca
County, Ohio are appointed as the Class Representatives.
4.

Pursuant to Fed. R. Civ. P. 23(g), the Court appoints the law firms of Hausfeld LLP and

Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP to jointly serve as Class Counsel, and appoints
Isaac, Brant, Ledman & Teetor to serve as Class Liaison Counsel. The Court finds that these

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Class Counsel will fairly and adequately represent the interests of the Class. In so finding, the
Court has considered (1) the work Class Counsel have done in identifying and investigating
potential claims in this action; (2) Class Counsel’s collective experience in handling class actions
and other complex litigation, and aggregate claims like those asserted in the action; (3) Class
Counsel’s knowledge of the applicable law; and (4) the resources Class Counsel will commit and
have already committed to representing the Class.
5.

Notice of this Order shall be provided to all members of the Class under a Plan of Notice.

6.

Within 30 days of the date this Order is filed, Class Counsel shall file with the Court a

proposed Plan of Notice, with an attached form of Class Notice, for the Court to review and
consider approval thereof. Class Counsel will consult with counsel for the Defendants to present
a consent Plan of Notice and consent Class Notice.
February 28, 2013.
s/Thomas M. Rose ______
United States District Judge
Consented to by all counsel:

/s/ Bill Butterfield
Bill Butterfield (0020049)
James J. Pizzirusso
(admitted pro hac vice)
Nathaniel C. Giddings
(admitted pro hac vice)
HAUSFELD LLP
1700 K Street, NW Suite 650
Washington, D.C. 20006
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

/s/ Anthony J. Franze
Anthony J. Franze
(DC Bar No. 461023; admitted to
S.D. Ohio Bar 2/1/1996)
Howard N. Cayne
(D.C. Lic. No. 331306)
Asim Varma
(D.C. Lic. No. 426364)
Michael A.F. Johnson
(Va. Lic. No. 41588)
ARNOLD & PORTER LLP
555 12th Street, NW
Washington, DC 20004
Telephone: [phone]
Facsimile: [phone]
[e-mail]
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/s/Don Springmeyer
Don Springmeyer
(admitted pro hac vice)
Jonathan H. Waller
(admitted pro hac vice)
WOLF, RIFKIN, SHAPIRO,
SCHULMAN & RABKIN, LLP
3556 E. Russell Road, 2nd Floor
Las Vegas, Nevada 89120
Tel:[phone]
Fax: [phone]
[e-mail]
[e-mail]
/s/ Mark H. Troutman
Mark H. Troutman (0076390)
Mark Landes (0027227)
Gregory M. Travalio (0000855)
ISAAC, BRANT, LEDMAN & TEETOR
LLP
250 E. Broad Street, Suite 900
Columbus, Ohio 43215-3742
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
/s/ Mathias H. Heck, Jr.
Mathias H. Heck, Jr. (0014171)
Prosecuting Attorney
John Cumming (0018710)
Civil Division Chief
Montgomery County Prosecutor’s Office
301 West Third Street
Dayton, Ohio 45402
Counsel for Plaintiffs

[e-mail]
[e-mail]
[e-mail]
Stephen E. Hart
(D.C. Lic. No. 033379)
FEDERAL HOUSING FINANCE AGENCY
OGC, Eighth Floor
Constitution Center
400 Seventh Street, S.W.
Washington, DC 20024
Telephone: [phone]
[e-mail]
Attorneys for Federal Housing Finance Agency
/s/John R. Chlysta
John R. Chlysta
(Ohio Reg. No. 0059313)
R. Brian Borla
(Ohio Reg. No. 0077322)
HANNA, CAMPBELL & POWELL, LLP
P. O. Box 5521
3737 Embassy Parkway, Suite 100
Akron, OH 44334
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Federal National Mortgage
Association and Federal Home Loan Mortgage
Corporation
Jill Nicholson
(Ill. Lic. No. 6257217; NY Lic. No. 4535712)*
FOLEY & LARDNER LLP
321 N. Clark Street, Suite 2800
Chicago, IL 60654
Telephone: [phone]
[e-mail]
Ann Marie Uetz
(Mich. Lic. No. P48922)*
FOLEY & LARDNER LLP
500 Woodward Ave, Suite 2700
Detroit, MI 48226
Telephone: [phone]
[e-mail]
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Attorneys for Federal National Mortgage
Association
Michael J. Ciatti
(Va. Bar No. 40607)*
KING & SPALDING, LLP
1700 Pennsylvania Ave., NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Federal Home Loan Mortgage
Corporation

*Application for admission pro hac vice submitted

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