Vinson v. Metropolitan Property and Casualty Insurance Company

Filing 51

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
WESTERN DIVISION
GARY VINSON and WILLIAM MORRISON,
individually and on behalf of all others similarly situated
VS.

PLAINTIFFS

4:14-CV-00029-BRW

METROPOLITAN PROPERTY
AND CASUALTY INSURANCE COMPANY

DEFENDANT

ORDER
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

1

Doc. No. 50.

2

Doc. No. 49-1 (emphasis in original).

3

Doc. No. 49-1.