Taylor v. Drugstore Cowboys Inc et al

Filing 99

ORDER denying 60 Motion to Certify Class; finding as moot 97 Motion for Leave to File; granting 98 Motion for Leave to File Amended Complaint. The amended complaint must be filed no later than May 24, 2012. Signed by Judge D. P. Marshall Jr. on 5/17/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LACEY TAYLOR and RACHEL JENSON, both individually and on behalf of others similarly situated v. PLAINTIFFS No. 4:11-cv-269-DPM DRUGSTORE COWBOYS, INC., Individually and d/b/a! GENTLEMEN'S DEFENDANT CLUB 70 ORDER Motion to amend, Document No. 98, granted. Previous motion, Document No. 97, denied as moot. The amended complaint must be filed no later than 24 May 2012. The amended complaint starts over with new Defendants. The Court therefore denies without prejudice the pending Rule 23 motion for class certification, Document No. 60. Taylor and Jenson may file an amended motion after the new Defendants are served and make their appearances. Given the circumstances, Taylor and Jenson are free to argue relation back or equitable tolling in their amended motion for class certification. Motion, Document No. 98, granted. Motion, Document No. 97, denied as moot. Motion, Document No. 60, denied without prejudice. So Ordered. D.P. Marshall Jr. United States District Judge -2­

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