No. 21-638

David R. Watkins, et al. v. Brian F. Spector, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-11-01
Status: Denied
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: civil-procedure class-action data-breach due-process ex-parte judicial-procedure legal-ethics settlement settlement-agreement state-law-claims
Key Terms:
DueProcess Copyright Privacy ClassAction
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Whether it violates due-process for a district-court to adopt verbatim a final-opinion on discretionary-matters ghostwritten by a prevailing-party's lawyers and submitted ex-parte with no-notice to opposing-parties

Question Presented (OCR Extract)

QUESTIONS PRESENTED After a data breach at Equifax disclosed nearly 150 million Americans’ sensitive personal information, 300 class actions against Equifax were consolidated into one case. Nearly 70 claims in the master complaint survived a motion to dismiss, including some claims for one national class and distinct statespecific claims for dozens of proposed subclasses. The proposed settlement agreement, however, neither included subclasses nor allocated relief for state-specific claims. And every word in the 122-page final opinion approving the settlement—and awarding $77.5 million in class attorney’s fees—was written by class counsel. Those lawyers sent that opinion to the district court ex parte. Then, with no notice to or comments from anyone else, the district court entered it on the docket as final without changing a word. The two questions presented are: 1. Whether it violates due process for a district court to adopt verbatim a final opinion on discretionary matters ghostwritten entirely by a prevailing party’s lawyers and submitted to the court ex parte with no notice to opposing parties or chance for them to respond. 2. Whether the class representatives of a settlement class adequately represent class members who hold unique state-specific statutory claims when they agree to a settlement that extinguishes all state-specific claims for no additional settlement value.

Docket Entries

2022-01-10
Petition DENIED.
2021-12-15
DISTRIBUTED for Conference of 1/7/2022.
2021-12-01
Brief amici curiae of Montana, et al. filed.
2021-11-09
Waiver of right of respondent Brian Spector, et al. to respond filed.
2021-11-09
Waiver of right of respondents Equifax Inc., Equifax Information Services LLC, and Equifax Consumer Services LLC to respond filed.
2021-10-27
Petition for a writ of certiorari filed. (Response due December 1, 2021)

Attorneys

Brian Spector, et al.
Norman E. SiegelStueve Siegel Hanson, LLP, Respondent
David R. Watkins, et al.
Tyler GreenConsovoy McCarthy PLLC, Petitioner
Equifax Inc., Equifax Information Services LLC, and Equifax Consumer Services LLC
Ashley C. ParrishKing & Spalding, Respondent
Montana, Louisiana, Texas, and Utah
David Morgan Steven DewhirstOffice of the Solicitor General, Amicus