United States District Court, N.D. California
IN RE CHRYSLER-DODGE-JEEP ECODIESEL MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION.
PRETRIAL ORDER NO. 3: ORDER APPOINTING
PLAINTIFFS' LEAD COUNSEL, PLAINTIFFS' STEERING
COMMITTEE, AND GOVERNMENT COORDINATING COUNSEL
M. CHEN United States District Judge
April 14, 2017, the Court issued Pretrial Order No. 1 in
which it, inter alia, set a hearing date for
selection of Plaintiffs' Lead Counsel and Steering
Committee. The Court also set guidelines as to how
applications for such positions should be made. See
Docket No. 6 (Order § 5). The Court received more than
thirty applications in response. On June 14, 2017, the Court
held the hearing on the matter.
carefully considered the written applications and the
applicants' oral statements, the Court hereby issues the
following order regarding appointment of Plaintiffs' Lead
Counsel and Steering Committee. The Court also addresses, in
this order, appointment of Government Coordinating Counsel.
Finally, in this order, the Court lays out specific
litigation tasks to be completed by the parties.
COUNSEL FOR PLAINTIFFS
appointments herein are personal to the individual attorney
appointed. While the Court expects that the individual
attorneys will draw upon their firms, including their
firms' resources, to assist them with their duties, each
individual attorney is personally responsible for his or her
duties. The Court may add or replace individual attorneys, if
and as circumstances warrant.
Court appoints Elizabeth J. Cabraser (of Lieff, Cabraser,
Heimann & Bernstein) as Plaintiffs' Lead Counsel and
Chair of the Steering Committee (“PSC”). Ms.
Cabraser has extensive experience with multidistrict
litigation as well as class action litigation, consumer
litigation, and complex litigation. The Court concludes that
appointment of additional co-lead counsel is not necessary in
this case. Mr. Cabraser has demonstrated her ability to serve
as sole lead counsel in the VW multidistrict litigation.
There is a consensus among VW PSC attorneys that Ms. Cabraser
has been extremely effective in leading the VW team. She
enjoys the support of a great number of fellow applicants,
including those involved in the VW multidistrict litigation.
Court vests Ms. Cabraser, as Lead Counsel, with the authority
described below. Although Lead Counsel has ultimate authority
as described below, the Court expects Lead Counsel to consult
and work collaboratively with the PSC in decision-making.
• To oversee case management and develop and implement a
• To sign and file all pleadings related to all actions;
• To sign and file motions or other requests for relief
related to all actions, or to sign and file briefs in
opposition to Defendants' motions or other requests for
• To propound and/or respond to discovery (including the
taking or defending of depositions);
• To conduct any investigation needed to support
• To retain experts or consultants;
• To appear at status conferences and ...