McConnell v. Red Robin International, Inc.
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
KEVIN MCCONNELL, on behalf of
himself and all others similarly situated,
and the general public,
No. C 11-03026 WHA
ORDER REGARDING MOTION
TO DETERMINE ADEQUACY
OF CLASS REPRESENTATIVE
RED ROBIN INTERNATIONAL, INC.,
Defense counsel has submitted a request for clarification to determine if defendant is
obligated to bring a motion to determine the adequacy of plaintiff Kevin McConnell as a class
representative by March 15, 2012, and if failure to do so by said date will operate as a waiver of
defendant’s right to assert lack of adequacy as a defense at the class certification stage.
Counsel must either bring a motion to determine the adequacy of Mr. Connell as a class
representative by March 15, or turn over the discovery that was the subject of plaintiff’s
discovery dispute letter filed February 16, 2012. Should defense counsel not file a motion to
determine the adequacy of Mr. McConnell as a class representative by March 15, this will not
preclude defendant from raising the issue in the class certification briefing.
IT IS SO ORDERED.
Dated: March 13, 2012.
UNITED STATES DISTRICT JUDGE
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