Robert Bornemann, et al. v. Sonos, Inc.

Summary

The United States District Court for the Central District of California granted in part and denied in part a stipulated request to appoint Pomerantz LLP and Tina Wolfson of Ahdoot Wolfson, PC as interim co-lead counsel in consolidated putative class actions concerning alleged degradation of Sonos software and product functionality. The court appointed them as interim co-lead counsel under Federal Rule of Civil Procedure 23(g), but rejected stipulated provisions granting broader and continuing authority beyond the precertification period. The order also directed the parties to address consolidation of the Siena action and set deadlines concerning a consolidated complaint.

Holdings

1. Pomerantz LLP and Tina Wolfson of Ahdoot & Wolfson, PC satisfied the Rule 23(g) factors and were eligible for appointment as interim co-lead counsel.
2. An interim class counsel appointment under Rule 23(g)(3) is temporary and limited to precertification activities necessary to protect the interests of the putative class; it does not confer unrestricted or indefinite class-counsel authority.

Questions Presented

1. Whether Pomerantz LLP and Tina Wolfson of Ahdoot & Wolfson, PC should be appointed interim co-lead counsel under Federal Rule of Civil Procedure 23(g).
2. Whether the stipulated provisions granting interim counsel sole authority to communicate with defense counsel and the court, binding authority over other plaintiffs' counsel, and control over subsequently related actions exceeded the scope of an interim appointment under Rule 23(g)(3).
3. What responsibilities and limits should govern the appointed interim co-lead counsel during precertification proceedings.

Disposition

other