Panel Application; Skaar v. Wilkie, 32 Vet. App. 156, 167 (2019) (en banc).; “[t]he Court may designate interim counsel to act on behalf of a putative class before determining whether to certify the action as a class action.”1 This rule mirrors its analogue from Federal Rule of Civil Procedure 23.2 And, as before, we will rely on the Federal Rule and the surrounding guidance to inform our analysis;

Designated for electronic publication only
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
NO. 20-4638
JEREMY E. FURTICK, APPELLANT,
V.
DENIS MCDONOUGH,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before PIETSCH, ALLEN, and LAURER, Judges.
O R D E R
Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.
The Court trusts that the parties are familiar with the facts and procedural history of this
case. Most recently, the Court granted the Secretary’s motion to stay proceedings pending
resolution of his motion to dismiss appellant’s Request for Class Certification and Class Action
(RCA). Besides opposing the Secretary’s motion to dismiss, appellant also asks the Court to
appoint his counsel as interim class counsel. As the Court explains, we will deny this request.
We recently adopted rules that govern class action litigation before this Court. Under these
rules, “[t]he Court may designate interim counsel to act on behalf of a putative class before
determining whether to certify the action as a class action.”1 This rule mirrors its analogue from
Federal Rule of Civil Procedure 23.2 And, as before, we will rely on the Federal Rule and the
surrounding guidance to inform our analysis.
3
As the Advisory Committee’s Notes explain, sometimes “there may be rivalry or
uncertainty that makes formal designation of interim counsel appropriate.” 4 Thus, courts may
“designate interim counsel to act on behalf of the putative class before the certification decision is
made.”5 At the same time, “[f]ailure to make the formal designation does not prevent the attorney
who filed the action from proceeding in it. Whether or not formally designated interim counsel, an
1 U.S. VET.