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)

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