Covington v. White et al

Filing 69

ORDER denying without prejudice 64 Motion to Certify Class as premature. Signed by Judge D. P. Marshall Jr. on 3/20/2014. (thd)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

GARY COVINGTON, on behalf of himself
and all others similarly situated

v.

PLAINTIFF

No. 2:12-cv-123-DPM

ULESS WALLACE, individually and in his
official capacity; NEAL BYRD, in his official
capacity; DALE ACOSTA, individually and
in his official capacity; and HERMAN HALL,
individually and in his official capacity

DEFENDANTS

ORDER
The motion for class certification is premature; discovery does not close
for another few weeks. And the Court set a post-discovery deadline for the
motion. It, N2 64, is therefore denied without prejudice. When Covington
files a new motion to certify, the Court would appreciate Eighth Circuit
authority, and analysis based on that authority, about a potential Rule 23(b)(3)
class on the first-appearance issue. Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct.
2541,2557 (2011 ). If Covington intends to pursue a class on the jail-conditions
issue as well, he should also cover that issue in the briefing.

So Ordered.
D.P. Mar.sh~ll J~
United States District Judge

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