Vinson v. Metropolitan Property and Casualty Insurance Company
ORDER denying as moot 42 Motion to Strike and denying 49 Motion for Leave to File a Reply. Defendant's response to file opposition to class certification is due by 5:00 p.m., September 18, 2014. Plaintiff's reply remains due on September 30, 2014. Signed by Judge Billy Roy Wilson on 8/20/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
GARY VINSON and WILLIAM MORRISON,
individually and on behalf of all others similarly situated
AND CASUALTY INSURANCE COMPANY
Pending are Defendant’s Motion to Strike (Doc. No. 42) and Motion for Leave to File a
Reply (Doc. No. 49). The crux of Defendant’s Motions is that William Morrison is not qualified
to be a class representative because he is not a named plaintiff. The Amended Complaint filed
today, however, adds Mr. Morrison as a named plaintiff.1 Accordingly, Defendant’s Motions are
DENIED as moot.
Defendant asserts that Plaintiff “waited more than three weeks before filing a Motion for
Leave to Amend the Complaint.”2 This three-week delay “carved into the limited time scheduled
for Defendant to file its opposition to class certification.”3 Defendant is granted a three-week
extension to file its opposition to class certification. Accordingly, Defendant’s response is due
by 5:00 p.m., September 18, 2014 – Plaintiffs’ reply remains due on September 30, 2014.
IT IS SO ORDERED this 20th day of August, 2014.
/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE
Doc. No. 50.
Doc. No. 49-1 (emphasis in original).
Doc. No. 49-1.
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