LEWIS v. SILVERTREE MOHAVE HOMEOWNERS' ASSOCIATION, C 16-03581 WHA. (2017)
Court: District Court, N.D. California
Number: infdco20170302a78
Visitors: 11
Filed: Mar. 01, 2017
Latest Update: Mar. 01, 2017
Summary: REQUEST FOR RESPONSE RE MOTION FOR APPOINTMENT OF INTERIM CLASS COUNSEL WILLIAM ALSUP , District Judge . As a prior order stated, "it is reasonable to discount class members' claims by the risk of litigation on the merits, but it is not reasonable to further discount claims by the risk that class certification will be denied (Dkt. No. 19 at 5 (citing Howard Erichson, Beware the Settlement Class Action, DAILY JOURNAL, Nov. 24, 2014)). Accordingly, the undersigned discourages settlement dis
Summary: REQUEST FOR RESPONSE RE MOTION FOR APPOINTMENT OF INTERIM CLASS COUNSEL WILLIAM ALSUP , District Judge . As a prior order stated, "it is reasonable to discount class members' claims by the risk of litigation on the merits, but it is not reasonable to further discount claims by the risk that class certification will be denied (Dkt. No. 19 at 5 (citing Howard Erichson, Beware the Settlement Class Action, DAILY JOURNAL, Nov. 24, 2014)). Accordingly, the undersigned discourages settlement disc..
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REQUEST FOR RESPONSE RE MOTION FOR APPOINTMENT OF INTERIM CLASS COUNSEL
WILLIAM ALSUP, District Judge.
As a prior order stated, "it is reasonable to discount class members' claims by the risk of litigation on the merits, but it is not reasonable to further discount claims by the risk that class certification will be denied (Dkt. No. 19 at 5 (citing Howard Erichson, Beware the Settlement Class Action, DAILY JOURNAL, Nov. 24, 2014)). Accordingly, the undersigned discourages settlement discussions before the class-certification stage. Nevertheless, plaintiffs seek to appoint interim class counsel to attend a settlement conference before the class-certification stage (Dkt. No. 49).
By THURSDAY, MARCH 9 AT NOON, plaintiffs shall make a preliminary showing that they are likely to succeed in certifying a class under Rule 23. Additionally, plaintiffs shall indicate whether any circumstances — besides the apparent wasting of defendants' insurance policy — require the urgency of discussing a settlement before the class is certified. Plaintiffs shall please also clarify the significance of their position that certain individual defendants might also be members of the putative class with regard to any such urgency.
Please be aware that the undersigned does not use his middle initial, and, anyway, it is H, not A.
IT IS SO ORDERED.
Source: Leagle
