Opinion
Case No. 3:12-cv-245
02-28-2013
BOARD OF COMMISSIONERS OF MONTGOMERY COUNTY, OHIO, on behalf of MONTGOMERY COUNTY, OHIO; and BOARD OF COMMISSIONERS OF SENECA COUNTY, OHIO on behalf of SENECA COUNTY, OHIO, on behalf of themselves and all others similarly situated, Plaintiffs, v. FEDERAL HOUSING FINANCE AGENCY, as Conservator for Federal National Mortgage Association and Federal Home Loan Mortgage Corporation; FEDERAL NATIONAL MORTGAGE ASSOCIATION a/k/a FANNIE MAE, a federally chartered corporation; and FEDERAL HOME LOAN MORTGAGE CORPORATION a/k/a FREDDIE MAC, a federally chartered corporation, Defendants.
Bill Butterfield (0020049) James J. Pizzirusso (admitted pro hac vice) Nathaniel C. Giddings (admitted pro hac vice) HAUSFELD LLP Anthony J. Franze (DC Bar No. 461023; admitted to S.D. Ohio Bar 2/1/1996) Howard N. Cayne (D.C. Lic. No. 331306) Asim Varma (D.C. Lic. No. 426364) Michael A.F. Johnson (Va. Lic. No. 41588) ARNOLD & PORTER LLP Don Springmeyer (admitted pro hac vice) Jonathan H. Waller (admitted pro hac vice) WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP Mark H. Troutman (0076390) Mark Landes (0027227) Gregory M. Travalio (0000855) ISAAC, BRANT, LEDMAN & TEETOR LLP Mathias H. Heck, Jr. (0014171) Prosecuting Attorney John Cumming (0018710) Civil Division Chief Counsel for Plaintiffs Stephen E. Hart (D.C. Lic. No. 033379) FEDERAL HOUSING FINANCE AGENCY Attorneys for Federal Housing Finance Agency John R. Chlysta (Ohio Reg. No. 0059313) R. Brian Borla (Ohio Reg. No. 0077322) HANNA, CAMPBELL & POWELL, LLP Attorneys for Federal National Mortgage Association and Federal Home Loan Mortgage Corporation Jill Nicholson (Ill. Lic. No. 6257217; NY Lic. No. 4535712)* FOLEY & LARDNER LLP Ann Marie Uetz (Mich. Lic. No. P48922)* FOLEY & LARDNER LLP Attorneys for Federal National Mortgage Association Michael J. Ciatti (Va. Bar No. 40607) * KING & SPALDING, LLP Attorneys for Federal Home Loan Mortgage Corporation
Judge Thomas M. Rose
Order Granting Motion to Certify Class. R. 40.
This matter is before the Court on the Plaintiffs' Motion for Class Certification and Supplemental Motion, ECF Nos. 40, 40-1, & 43, and Defendants' Consent Response To Plaintiffs' Motion For Class Certification, ECF No. 47. Based upon Defendants' consent, subject to certain reservations of rights and defenses, to Plaintiffs' Motion for Class Certification, and for good cause shown, it is hereby ORDERED as follows: 1. The Court has jurisdiction over the subject matter of this lawsuit, over all parties to this lawsuit, and over all Class members (as defined below); 2. A class is hereby CERTIFIED pursuant to Federal Rule of Civil Procedure 23(a) and (b)(3), and is defined as follows:
“Any Ohio County that recorded a deed or other conveyance to or from the Enterprise Defendants where those Defendants claimed to be exempt from payment of the Ohio Transfer Taxes."
3. The Court finds that the prerequisites for a class action under Federal Rule of Civil Procedure 23(a) and (b)(3) have been satisfied inasmuch as (a) the number of Class members is so numerous that joinder of all members thereof is impracticable; (b) there are questions of law and fact common to the members of the Class; (c) the claims of the named Plaintiff are typical of the claims of other members of the Class; (d) the named Plaintiff will fairly and adequately represent the interests of the Class; (e) the prosecution of separate actions by or against individual members of the Class would create a risk of (1) inconsistent or varying adjudications with respect to individual members of the Class, which would establish incompatible standards of conduct for the Defendants, or (2) adjudications with respect to individual members of the Class that would, as a practical matter, be dispositive of the interests of the other members or would otherwise substantially impair or impede other Class members' ability to protect their interests; (f) there are common questions of law and fact involving the Class members, which common questions predominate over any individualized issues; and (g) a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The Board of Commissioners of Montgomery County, Ohio and the Board of Commissioners of Seneca County, Ohio are appointed as the Class Representatives. 4. Pursuant to Fed. R. Civ. P. 23(g), the Court appoints the law firms of Hausfeld LLP and Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP to jointly serve as Class Counsel, and appoints Isaac, Brant, Ledman & Teetor to serve as Class Liaison Counsel. The Court finds that these Class Counsel will fairly and adequately represent the interests of the Class. In so finding, the Court has considered (1) the work Class Counsel have done in identifying and investigating potential claims in this action; (2) Class Counsel's collective experience in handling class actions and other complex litigation, and aggregate claims like those asserted in the action; (3) Class Counsel's knowledge of the applicable law; and (4) the resources Class Counsel will commit and have already committed to representing the Class. 5. Notice of this Order shall be provided to all members of the Class under a Plan of Notice. 6. Within 30 days of the date this Order is filed, Class Counsel shall file with the Court a proposed Plan of Notice, with an attached form of Class Notice, for the Court to review and consider approval thereof. Class Counsel will consult with counsel for the Defendants to present a consent Plan of Notice and consent Class Notice.
Thomas M. Rose
United States District Judge
Consented to by all counsel: _________
Bill Butterfield (0020049)
James J. Pizzirusso
(admitted pro hac vice)
Nathaniel C. Giddings
(admitted pro hac vice)
HAUSFELD LLP
_________
Anthony J. Franze
(DC Bar No. 461023; admitted to
S.D. Ohio Bar 2/1/1996)
Howard N. Cayne
(D.C. Lic. No. 331306)
Asim Varma
(D.C. Lic. No. 426364)
Michael A.F. Johnson
(Va. Lic. No. 41588)
ARNOLD & PORTER LLP
_________
Don Springmeyer
(admitted pro hac vice)
Jonathan H. Waller
(admitted pro hac vice)
WOLF, RIFKIN, SHAPIRO,
SCHULMAN & RABKIN, LLP
_________
Mark H. Troutman (0076390)
Mark Landes (0027227)
Gregory M. Travalio (0000855)
ISAAC, BRANT, LEDMAN & TEETOR
LLP
_________
Mathias H. Heck, Jr. (0014171)
Prosecuting Attorney
John Cumming (0018710)
Civil Division Chief
Counsel for Plaintiffs
Stephen E. Hart
(D.C. Lic. No. 033379) FEDERAL HOUSING FINANCE AGENCY
Attorneys for Federal Housing Finance Agency
_________
John R. Chlysta
(Ohio Reg. No. 0059313)
R. Brian Borla
(Ohio Reg. No. 0077322)
HANNA, CAMPBELL & POWELL, LLP
Attorneys for Federal National Mortgage
Association and Federal Home Loan Mortgage
Corporation
Jill Nicholson
(Ill. Lic. No. 6257217; NY Lic. No. 4535712)*
FOLEY & LARDNER LLP
Ann Marie Uetz
(Mich. Lic. No. P48922)*
FOLEY & LARDNER LLP
Attorneys for Federal National Mortgage
Association
Michael J. Ciatti
(Va. Bar No. 40607)
KING & SPALDING, LLP
Attorneys for Federal Home Loan Mortgage
Corporation
Application for admission pro hac vice submitted