Walter v. Level 3 Communications, Inc. et al

Filing 17

ORDER RE: MOTIONS FOR CLASS CERTIFICATION by Judge Robert E. Blackburn on 05/11/2009. (sah, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 09-cv-00658-REB-CBS D. EDWARD WALTER, individually and on behalf of all others similarly situated, Plaintiff, vs. LEVEL 3 COMMUNICATIONS, INC., LEVEL 3 COMMUNICATIONS, INC. 401K PLAN COMMITTEE, JAMES Q. CROWE, KEVIN O'HARA, ERIC J. MORTENSEN, SUNIT S. PATEL, WALTER SCOTT, JR., JAMES O. ELLIS, JR., RICHARD R. JAROS, ROBERT E. JULIAN, ARUN NETRAVALI, JOHN T. REED, MICHAEL B. YANNEY, ALBERT C. YATES, and DOES 1-30, Defendants. ORDER RE: MOTIONS FOR CLASS CERTIFICATION Blackburn, J. This matter is before the court sua sponte. In this putative class action, the court recognizes the requirement under Fed.R.Civ.P. 23(c)(1)(A) to determine whether to certify a class before the case properly can proceed to resolution by summary judgment, trial, or otherwise. Therefore, I establish the following briefing schedule to govern resolution of this and related matters. IT IS ORDERED as follows: 1. That no later than thirty (30) days after the first answer or other response, e.g., motion to dismiss, etc., to the complaint is filed by a defendant in this case, the plaintiff(s) SHALL FILE a motion for class certification under Fed.R.Civ.P. 23 (a) that addresses, inter alia, (i) the prerequisites at Fed.R.Civ.P. 23(a)(1)-(4), and (ii) the matters at Fed.R.Civ.P. 23(b); (b) that defines the proposed class; and (c) that requests the appointment of class counsel; 2. That the deadlines for filing response and reply briefs SHALL BE AS PRESCRIBED under D.C.COLO.LCivR 7.1C; 3. That an applicant for class counsel SHALL ADDRESS the matters at Fed.R.Civ.P. 23(g)(1)(A)(i)-(iv) and any other matter pertinent to the applicant's ability to fairly and adequately represent the interests of the proposed class; 4. That based on the parties' submissions, the court WILL RULE either on the papers, order further briefing, convene an evidentiary hearing, or take such further action as the court in its discretion deems proper and necessary. Dated May 11, 2009, at Denver, Colorado. BY THE COURT: 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?