Lucken Family Limited Partnership, LLLP v. Ultra Resources, Inc.

Filing 2

ORDER RE: MOTIONS FOR CLASS CERTIFICATION. By Judge Robert E. Blackburn on 07/01/2009. (sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 09-cv-01543-REB-KMT LUCKEN FAMILY LIMITED PARTNERSHIP, LLLP, individually and as representative plaintiff on behalf of all other similarly situated, Plaintiff, v. ULTRA RESOURCES, INC., Defendant. ORDER RE: MOTIONS FOR CLASS CERTIFICATION Blackburn, J. The 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 dispositive motion, 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 the defendant in this case, the plaintiff 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 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; and 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 July 1, 2009, at Denver, Colorado. BY THE COURT: 2

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