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La Collina Dal Lago, L.P. v. Pacific Bell Telephone Co.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


June 30, 2008

LA COLLINA DAL LAGO, L.P., ET AL., PLAINTIFFS,
v.
PACIFIC BELL TELEPHONE COMPANY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Susan Illston United States District Judge

ORDER DENYING WITHOUT PREJUDICE PLAINTIFFS' MOTION FOR APPROVAL OF THEIR WAIVER OF POTENTIAL CONFLICTS OF INTEREST

Plaintiffs have filed a motion for judicial "approval" of their waiver of potential conflicts of interest. The Court held a hearing on the motion on June 27, 2008, and has reviewed plaintiffs' in camera submission provided at the hearing. Plaintiffs request that the Court affirmatively approve conflict waivers signed by the plaintiff in Jensen and the named plaintiffs in La Collina, in order that counsel for Jensen may proceed as co-counsel representing the La Collina plaintiffs. While the Court appreciates counsels' conscientiousness in filing the motion, the Court finds that it is premature to evaluate the issues, including factual issues, raised by the motion. The Court will revisit this matter in connection with a motion for class certification in La Collina. Accordingly, the Court DENIES plaintiffs' motion for "approval" of their conflict waiver without prejudice to consideration of these issues at the time the Court analyzes the propriety of class certification. (Docket No. 8 in 08-2451 SI).

IT IS SO ORDERED.

20080630

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