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)

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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. J~ United States District Judge -2-

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