Pace v. Omni Family Health

Pace v. Omni Family Health · United States District Court for the Eastern District of California · February 27, 2025 · No. 1:24-cv-01277-JLT-CDB

Summary

The document contains findings and recommendations recommending that the court grant Plaintiffs’ unopposed motion to appoint interim class counsel under Federal Rule of Civil Procedure 23(g) in consolidated litigation arising from a data breach involving Omni Family Health. The magistrate judge recommends appointing Adam E. Polk of Girard Sharp, LLP, and M. Anderson Berry of the Arnold Law Firm, APC, based on their investigative work, experience, legal knowledge, and available resources.

Holdings

  1. The court recommended granting Plaintiffs' unopposed motion and appointing Adam E. Polk of Girard Sharp, LLP, and M. Anderson Berry of the Arnold Law Firm, APC, as interim counsel for the putative class.

Questions Presented

  1. Whether Adam E. Polk and M. Anderson Berry should be appointed interim counsel for the putative class under Federal Rule of Civil Procedure 23(g)(3).
  2. Whether the proposed counsel satisfied the Rule 23(g)(1)(A) factors concerning work performed, experience, knowledge of applicable law, and available resources, together with any other pertinent considerations under Rule 23(g)(1)(B).

Disposition

other

Cases Cited (8)

  • Levitte v. Google, Inc., No. C 08-03369 JW, 2009 WL 482252, at *2 (N.D. Cal. Feb. 25, 2009)(followed)
  • Smith v. Kaye-Smith Enters., Inc., No. 3:22-cv-01499-AR, 2023 WL 11959471, at *2 (D. Or. Jan. 6, 2023)(followed)
  • Razo v. AT&T Mobility Serv., LLC, No. 1:20-cv-00172-NONE-HBK, 2021 WL 4847834, at *6 (E.D. Cal. Oct. 15, 2021)(applied)
  • Melgar v. Zicam, LLC, No. 2:14-cv-00160-MCE-AC, 2014 WL 5486676, at *2 (E.D. Cal. Oct. 29, 2014)(applied)
  • Boone v. Amazon.com Servs., LLC, No. 1:21-cv-00241-ADA-BAM, 2023 WL 3720996, at *3 (E.D. Cal. May 30, 2023)(applied)
  • Haro v. Walmart, Inc., No. 1:21-cv-00239-ADA-SKO, 2023 WL 2242158, at *3 (E.D. Cal. Feb. 27, 2023)(applied)
  • Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014)(followed)
  • Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

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