Schmidt v. Samsung Electronics America, Inc. et al

Filing 69

ORDER granting Plaintiffs' 52 Motion for appointment of interim co-lead class counsel. Plaintiffs' current counsel, Keller Rohrback L.L.P and McCune Wright Arevalo L.L.P., are hereby appointed interim co-lead class counsel. Signed by U.S. District Judge John C Coughenour. (PM)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GEORGE SCHMIDT, et al.,

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Plaintiffs,
v.

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CASE NO. C16-1725-JCC
ORDER GRANTING PLAINTIFFS’
MOTION TO APPOINT INTERIM
CLASS COUNSEL

SAMSUNG ELECTRONICS
AMERICA, INC., et al.,

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Defendants.

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This matter comes before the Court on Plaintiffs’ motion to appoint interim co-lead class

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counsel (Dkt. No. 52). Having thoroughly considered the parties’ briefing and the relevant
record, the Court finds oral argument unnecessary and hereby GRANTS the motion for the
reasons explained herein.

I.

BACKGROUND
Plaintiffs filed a putative class action against Defendants Samsung Electronics America,

Inc., Samsung Electronics Co., Ltd., and Samsung SDI America, Inc. on November 4, 2016, for
allegations stemming from the Samsung Galaxy Note7. (Dkt. No. 1 at 3.) Plaintiffs allege
violations of the Washington Consumer Protection Act and the Washington Product Liability
Act, in addition to breach of warranty of merchantability and unjust enrichment. (Dkt. No. 1 at
21–27.) Plaintiffs seek to designate their current counsel as interim co-lead class counsel. (Dkt.

ORDER GRANTING PLAINTIFFS’ MOTION TO
APPOINT INTERIM CLASS COUNSEL
PAGE - 1

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No. 52.) Defendants oppose the appointment. (Dkt. Nos. 55, 56.)

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II.

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DISCUSSION
Federal Rule of Civil Procedure 23(g)(3) provides that the Court may designate interim

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class counsel before certification of a class. The appointment of interim counsel is discretionary

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and is particularly suited to complex actions. See, e.g., In re Seagate Tech. LLC Litig., 2016 WL

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3401989, at *2 (N.D. Cal. June 21, 2016).

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Defendants’ primary opposition to appointment of interim lead counsel was the absence

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of similar cases. (Dkt. No. 55 at 2.) However, since Defendants’ response in opposition (filed

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March 27, 2017), a class action complaint was filed in the Middle District of Pennsylvania

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involving the same phone at issue here. (Dkt. No. 58 at 3) (citing Farmer v. Samsung Electronics

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America, Inc., 17-CV-564-MEM (M.D. Pa.)). This fact significantly weakens Defendants’

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position. Moreover, given Plaintiffs’ counsels’ qualifications to serve as interim counsel, and the

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discretion district courts retain in appointing interim lead counsel, the Court finds it appropriate

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to appoint interim co-lead class counsel.

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III.

CONCLUSION

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For the foregoing reasons, Plaintiffs’ motion for appointment of interim co-lead class

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counsel (Dkt. No. 52) is GRANTED. Plaintiffs’ current counsel, Keller Rohrback L.L.P and

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McCune Wright Arevalo L.L.P., are hereby appointed interim co-lead class counsel.

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DATED this 2nd day of May 2017.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER GRANTING PLAINTIFFS’ MOTION TO
APPOINT INTERIM CLASS COUNSEL
PAGE - 2