McConnell v. Red Robin International, Inc.

Filing 40

ORDER REGARDING MOTION TO DETERMINE ADEQUACY OF CLASS REPRESENTATIVE re 38 Notice (Other) filed by Red Robin International, Inc.. Signed by Judge Alsup on March 13, 2012. (whalc2, COURT STAFF) (Filed on 3/13/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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KEVIN MCCONNELL, on behalf of
himself and all others similarly situated,
and the general public,
Plaintiff,

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No. C 11-03026 WHA

ORDER REGARDING MOTION
TO DETERMINE ADEQUACY
OF CLASS REPRESENTATIVE

v.

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RED ROBIN INTERNATIONAL, INC.,

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Defendant.
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Defense counsel has submitted a request for clarification to determine if defendant is

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obligated to bring a motion to determine the adequacy of plaintiff Kevin McConnell as a class

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representative by March 15, 2012, and if failure to do so by said date will operate as a waiver of

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defendant’s right to assert lack of adequacy as a defense at the class certification stage.

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Counsel must either bring a motion to determine the adequacy of Mr. Connell as a class

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representative by March 15, or turn over the discovery that was the subject of plaintiff’s

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discovery dispute letter filed February 16, 2012. Should defense counsel not file a motion to

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determine the adequacy of Mr. McConnell as a class representative by March 15, this will not

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preclude defendant from raising the issue in the class certification briefing.

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IT IS SO ORDERED.

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Dated: March 13, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE