LEWIS v. SILVERTREE MOHAVE HOMEOWNERS' ASSOCIATION

No. C 16-03581 WHA.

DOMENICA LEWIS, et al., Plaintiffs, v. SILVERTREE MOHAVE HOMEOWNERS' ASSOCIATION, et al., Defendants.

United States District Court, N.D. California.

March 1, 2017.

Editors Note
Applicable Law: 42 U.S.C. § 405
Cause: 42 U.S.C. § 405 Fair Housing Act
Nature of Suit: 443 Civil Rights: Accommodations
Source: PACER


Attorney(s) appearing for the Case

Domenica Lewis, Plaintiff, represented by Thomas Philip Zito , Law Foundation of Silicon Valley.

Domenica Lewis, Plaintiff, represented by Annette D. Kirkham , Law Foundation of Silicon Valley, Constance Faye Ramos , Winston & Strawn LLP, Corey David Attaway , Winston and Strawn, Kyra Ann Kazantzis , Law Foundation of Silicon Valley, Matthew Frederick Warren , Law Foundation of Silicon Valley & Nadia Aziz , Law Foundation of Silicon Valley.

Jerrold Lewis, Plaintiff, represented by Thomas Philip Zito , Law Foundation of Silicon Valley, Annette D. Kirkham , Law Foundation of Silicon Valley, Constance Faye Ramos , Winston & Strawn LLP, Corey David Attaway , Winston and Strawn, Kyra Ann Kazantzis , Law Foundation of Silicon Valley, Matthew Frederick Warren , Law Foundation of Silicon Valley & Nadia Aziz , Law Foundation of Silicon Valley.

S. L., a minor, Plaintiff, represented by Thomas Philip Zito , Law Foundation of Silicon Valley, Annette D. Kirkham , Law Foundation of Silicon Valley, Constance Faye Ramos , Winston & Strawn LLP, Kyra Ann Kazantzis , Law Foundation of Silicon Valley, Matthew Frederick Warren , Law Foundation of Silicon Valley & Nadia Aziz , Law Foundation of Silicon Valley.

E. L., a minor, Plaintiff, represented by Thomas Philip Zito , Law Foundation of Silicon Valley, Annette D. Kirkham , Law Foundation of Silicon Valley, Constance Faye Ramos , Winston & Strawn LLP, Kyra Ann Kazantzis , Law Foundation of Silicon Valley, Matthew Frederick Warren , Law Foundation of Silicon Valley & Nadia Aziz , Law Foundation of Silicon Valley.

Project Sentinel, Plaintiff, represented by Thomas Philip Zito , Law Foundation of Silicon Valley, Annette D. Kirkham , Law Foundation of Silicon Valley, Constance Faye Ramos , Winston & Strawn LLP, Corey David Attaway , Winston and Strawn, Kyra Ann Kazantzis , Law Foundation of Silicon Valley, Matthew Frederick Warren , Law Foundation of Silicon Valley & Nadia Aziz , Law Foundation of Silicon Valley.

Silvertree Mohave Homeowners' Association, Inc., Defendant, represented by Lisa Renee Roberts , McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP.

Carol Lee Adams, Defendant, represented by Lisa Renee Roberts , McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP.

Marilyn Black, Defendant, represented by Lisa Renee Roberts , McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP.

Anand Bhaskaran, Defendant, represented by Lisa Renee Roberts , McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP.

Tamela Durant, Defendant, represented by Lisa Renee Roberts , McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP.

Donald W Murphy, Defendant, represented by Lisa Renee Roberts , McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP.


REQUEST FOR RESPONSE RE MOTION FOR APPOINTMENT OF INTERIM CLASS COUNSEL

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.


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