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In re Homestore.com, Inc. Securities Litigation

Citations: 225 F.R.D. 252; 60 Fed. R. Serv. 3d 379; 2004 U.S. Dist. LEXIS 25272; 2004 WL 2792454Docket: No. C01-11115 RSWL(CWX)

Court: District Court, C.D. California; July 17, 2004; Federal District Court

Narrative Opinion Summary

The case involves a class action settlement concerning Homestore.com, Inc., initiated by the California State Teachers’ Retirement System (CalSTRS) against Homestore's officers for fraud. The settlement, approved by the court, resolved all claims against Homestore. Objectors, who were not parties to the action, moved for partial judgment under Rule 54(b), arguing their claims under the Securities Act of 1933 were unfairly extinguished due to ongoing litigation with non-settling parties. However, the court denied their motion, citing the lack of a legal foundation for granting judgment to non-parties. The court relied on the precedent set in Devlin v. Scardelletti, affirming objectors' right to appeal if directly affected by the order, but emphasized that the objectors could only appeal the denial of their objections and that the timeliness of such an appeal should be determined by the Court of Appeals. Consequently, the motion was denied, and the order distributed to all counsel of record.

Legal Issues Addressed

Appeal Rights of Objectors

Application: Objectors may appeal the denial of their objections to a class settlement order if it affects them, as supported by the Supreme Court ruling in Devlin v. Scardelletti.

Reasoning: The Court referenced the Supreme Court decision in Devlin v. Scardelletti, which allows objectors to appeal if the order affects them, specifically regarding the overruling of their objections.

Partial Judgment Under Federal Rule of Civil Procedure 54(b)

Application: The court denied the motion for partial judgment as there was no legal basis to grant judgment for objectors who did not intervene in the lawsuit.

Reasoning: The Court denied the motion by Objectors Matt Brody, Ronald Drucker, and Josephine Drucker for entry of partial judgment under Federal Rule of Civil Procedure 54(b) regarding the class action settlement involving Homestore.com, Inc.

Role of Objectors in Class Action Settlements

Application: Objectors to a class action settlement are not considered parties to the action unless they intervene, impacting their ability to seek judgments or participate in appeals.

Reasoning: The Court found no legal basis for entering judgment for the Objectors, emphasizing that they are not considered parties unless they intervene in the lawsuit.

Timeliness of Appeal

Application: The determination of whether an appeal by objectors is timely falls under the jurisdiction of the Court of Appeals.

Reasoning: The Court concluded that the Objectors can appeal the order that denied their objections to the settlement and noted that the timeliness of such an appeal is for the Court of Appeals to determine.