Davis v. United Parcel Service Inc

Filing 32

ORDER denying 21 Motion to Strike without prejudice. The Scheduling Order is modified as follows: Motion for class certification is due 11/5/12; response on certification is due by 12/7/12; and reply on certification is due on 12/17/12. Signed by Judge D. P. Marshall Jr. on 9/5/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LESADAVIS v. PLAINTIFF No. 4:11-cv-851-DPM UNITED PARCEL SERVICE, INC. DEFENDANT ORDER UPS's pre-emptive motion against class certification is denied without prejudice. The Court is skeptical about whether Davis can (1) propose a class that satisfies Rule 23 as construed in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), or (2) adequately represent any such class given what appear to be the undisputed facts about her situation: FMLA ineligibility, delayed request for short term disability, and union membership. But the better course is for Davis to take the previously authorized class-related depositions now and then take a hard and frank look at the class issues. If Davis proceeds with seeking certification, the Court will study that request with a weather eye. In light of counsel's recent hospitalizations and current half-day work schedule, Document No. 27, the scheduling order is tweaked: • Motion for class certification ......... 5 November 2012 • Response on certification . . . . . . . . . . . . 7 December 2012 • Reply on certification ............... 17 December 2012 The Court will set a hearing thereafter, if need be. An amended final scheduling order noting these changes, and clarifying procedures for summary judgment and deposition designations, will issue. Motion, Document No. 21, denied without prejudice. So Ordered. D.P. Marshall Jr. United States District Judge

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