Hemphill v. San Diego Ass'n of Realtors, Inc.

225 F.R.D. 616, 2005 WL 281251
CourtDistrict Court, S.D. California
DecidedJanuary 3, 2005
DocketNo. 04-CV-1495-BEN(JMA)
StatusPublished
Cited by16 cases

This text of 225 F.R.D. 616 (Hemphill v. San Diego Ass'n of Realtors, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hemphill v. San Diego Ass'n of Realtors, Inc., 225 F.R.D. 616, 2005 WL 281251 (S.D. Cal. 2005).

Opinion

ORDER GRANTING IN PART AND DENYING IN PART OBJECTORS’ MOTIONS TO COMPEL DISCOVERY

ADLER, United States Magistrate Judge.

I. Introduction and Background

On September 24, 2004, the Honorable Roger T. Benitez issued an order granting preliminary approval of the class settlement in this case. (Order Granting Preliminary Approval Of Class Settlement, Conditionally Certifying Settlement Class, Appointing Class Counsel, Appointing Settlement Administrator, Scheduling A Hearing On Preliminary Approval Of Settlement, Providing For Opt-Outs and Objections And Staying Further Proceedings [Doc. No. 39] (“Preliminary Approval Order”).) In the Preliminary Approval Order, Judge Benitez certified a settlement class; appointed attorneys Daniel J. Mogin and Alexander M. Schack as Class Counsel after finding that they would fairly and adequately represent the interests of the class; found the proposed settlement to be the product of “arm’s length, serious, informed and non-collusive negotiations between experienced and knowledgeable counsel”; approved a form of settlement notice to the class and the procedures for giving notice of the settlement to the class; and established a schedule leading to a hearing on final approval of the settlement, which he scheduled for January 28, 2005. (Id.) Judge Benitez further provided that any objections to the proposed settlement were to be submitted by December 7, 2004, and that briefs in connection with the final approval hearing were to be filed by January 14, 2004. (Id. at 7-8.)

The Court-approved form of settlement notice was mailed to over 27,000 class members, with less than 8.5% of the mailed notices being returned, and a summary notice was published twice in the San Diego Union. (Defendants’ Opposition To Objectors’ Motion For Discovery [Doc. No. 61] (“Defs.Brf.”) at 2-3; Declaration of Dennis A. Gilardi, Jr. [Doc. No. 65] (“Gilardi Deck”), ¶¶ 2-4, 6.) The settlement notices and other pertinent information concerning the settlement and the final approval hearing were included on a website established by the settlement administrator. (Id., ¶ 5.) In addition, each Defendant published the summary notice in a general membership publication, put the settlement notice and other information about the settlement and the final approval hearing on their websites, and provided a link on their websites to the settlement administrator’s website. (Declaration of Lorrie Mowatt [Doc. No. 61] (“Mowatt [619]*619Decl.”), H 2; Declaration of Diane McMillan [Doe. No. 62] (“McMillan Decl.”), ¶ 3; Declaration of Mark Marchand [Doc. No. 63] (“Marchand Decl”), ¶ 3; Declaration of Renee Wilson [Doc. No. 64] (‘Wilson Decl.”), U 5; Declaration of Share Jackson [Doc. No. 66] (“Jackson Decl”), ¶ 4; Declaration of John Holley [Doc. No. 59] (“Holley Decl.”), ¶ 2.) The settlement administrator’s website has received over 8000 “hits” and Defendants’ websites have received thousands of additional “hits”, including over 342,000 views of Defendant San Diego Association of Realtors’ home page alone. (Gilardi Decl., ¶ 5; McMillan Decl., ¶ 3; Wilson Decl., ¶ 5; Marchand Decl. ¶ 2, ¶ 3; Mowatt Decl., ¶ 2.) In response to this notice program, only nine objections were received and an additional twenty-four class members submitted requests for exclusion. (Gilardi Decl., ¶¶ 8, 9.)

Two sets of objectors submitted extensive objections to the class settlement.1 The Stark Objectors submitted a sixteen-page objection specifying nine grounds for objecting to the settlement, while Mr. Easton submitted an eight-page objection specifying four main grounds, with multiple subparts for each ground, for objecting to the settlement.2 (Declaration of Allison F. Borts [Doc. No. 54] (“Borts Decl.”), Exhibit A; Objections By Tony Easton (“Easton Objection”), attached to Declaration of David Barry [Doc. No. 58] (“Barry Decl.”).) Movants now seek an order compelling wide-ranging discovery from Class Counsel and Defendants. The Court, having thoroughly reviewed the moving and opposition papers, and the exhibits and declarations filed therewith, makes the following findings and issues the rulings set forth below.

II. Standards for Discovery by Objectors to a Class Action Settlement

Class members who object to a class action settlement do not have an absolute right to discovery; the Court may, in its discretion, limit the discovery or presentation of evidence to that which may assist it in determining the fairness and adequacy of the settlement. See e.g., In re Domestic Air Transp. Antitrust Litig., 144 F.R.D. 421, 424 (N.D.Ga.1992); In re Lorazepam & Clorazepate Antitrust Litig., 205 F.R.D. 24, 26 (D.D.C.2001); In re Ford Motor Co. Bronco II Prods. Liability Litig., Civ. A. No. MDL-991,1994 WL 593998, 1994 U.S. Dist. LEXIS 15867 (E.D.La. Oct. 28, 1994); Glicken v. Bradford, 35 F.R.D. 144, 148 (S.D.N.Y.1964); see generally A. Conte and H. Newberg, Newberg on Class Actions § 11:57 at 184 (4th ed.2002) (“Newberg”). “While objectors are entitled to ‘meaningful participation’ in the settlement proceedings, Girsh v. Jepson, 521 F.2d 153, 158 (3rd Cir.1975) and ‘leave to be heard,’ Cotton v. Hinton, 559 F.2d 1326, 1331 (5th Cir.1977), they are not automatically entitled to discovery or ‘to question and debate every provision of the proposed compromise.’ ” In re General Tire & Rubber Co. Sec. Litig., 726 F.2d 1075, 1084 n. 6 (6th Cir.1984), citing Cotton, 559 F.2d at 1331. Objectors should be allowed “meaningful participation in the fairness hearing without unduly burdening the parties or causing an unnecessary delay.” Domestic Air, 144 F.R.D. at 424. The fundamental question is [620]*620whether the district judge has sufficient facts before him to intelligently approve or disapprove the settlement. In re General Tire & Rubber Co. Sec. Litig., 726 F.2d at 1084 n. 6, citing Detroit v. Grinnell, 495 F.2d 448, 463-468 (2d Cir.1974).

The criteria relevant to the Court’s decision whether to permit objectors to conduct discovery are “the nature and amount of previous discovery, reasonable basis for the evidentiary requests, and number and interests of objectors.” Domestic Air, 144 F.R.D. at 424, quoting Newberg § 11.56 at 476 (2d ed.1985). Where the evidence submitted in support of the settlement is the result of truly adversarial proceedings and where the “comprehensiveness” of the records developed by the proponents increases, the objector has a greater burden to show the necessity of additional evidence. Id. § 11:57 at 185; see also Lorazepam, 205 F.R.D. at 27 n. 5 (extensive prior discovery weighs against movants’ request); City of Detroit v. Grinnell Corp., 356 F.Supp. 1380 (S.D.N.Y.1972), judgment aff'd in part, rev’d in part on other grounds, 495 F.2d 448 (2d Cir.1974) (objector’s request for discovery denied where answers could be found in record of proceedings).

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Cite This Page — Counsel Stack

Bluebook (online)
225 F.R.D. 616, 2005 WL 281251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hemphill-v-san-diego-assn-of-realtors-inc-casd-2005.