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)

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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.

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