Hearn v. BHP Billiton Petroleum (Arkansas) Inc et al

Filing 43

ORDER granting pltfs' 38 MOTION to Amend; pltfs must file their amended complaint within seven days from the entry of this Order; defts' 19 Motion to DISMISS is therefore denied as moot; 42 Joint Motion for Stay of Class Certification Schedule is granted; the parties must propose another class certification schedule within 30 days from the entry of this Order. Signed by Chief Judge J. Leon Holmes on 12/13/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
STEPHEN HEARN, on behalf of himself
and all others similarly situated; and
JESSE and SUSAN FREY, on behalf of themselves
and all others similarly situated
v.

PLAINTIFFS

No. 4:11CV00474 JLH

BHP BILLITON PETROLEUM (FAYETTEVILLE)
LLC; and CHESAPEAKE OPERATING, INC.

DEFENDANTS

ORDER
The plaintiffs’ motion to amend is granted. Document #38. The plaintiffs must file their
amended complaint within seven days from the entry of this Order. The defendants’ motion to
dismiss is therefore denied as moot. Document #19. The joint motion for stay of class certification
schedule is granted. Document #42. The parties must propose another class certification schedule
within thirty days from the entry of this Order.
IT IS SO ORDERED this 13th day of December, 2011.

___________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE