Pace v. Omni Family Health

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations concerning appointment of interim class counsel in litigation arising from a cyberattack and data breach affecting Omni Family Health patients. The court granted Plaintiffs’ motion and appointed Adam E. Polk of Girard Sharp LLP and M. Anderson Berry of Clayeo C. Arnold, APC as interim class counsel. The order was issued after the parties failed to file objections within the prescribed period.

Holdings

1. The proposed attorneys satisfied the applicable Rule 23(g)(1) considerations and were appointed as interim class counsel.
2. The court adopted the findings and recommendations in full after de novo review because they were supported by the record and proper analysis.

Questions Presented

1. Whether the proposed attorneys should be appointed as interim class counsel under Federal Rule of Civil Procedure 23(g).
2. Whether the district court should adopt the magistrate judge's findings and recommendations after conducting de novo review under 28 U.S.C. § 636(b)(1).

Disposition

other