A-W Land Co., LLC et al v. Anadarko E & P Company LP et al

Filing 3

ORDER RE: MOTIONS FOR CLASS CERTIFICATION. By Judge Robert E. Blackburn on 09/28/2009. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 09-cv-02203-REB-MJW A-W LAND CO., LLC, VERNON JESSER, MARY JESSER, KENT J. McDANIEL, DEANNA R. McDANIEL, MARVIN BAY, and MILDRED BAY, Co-Trustees of the Bay Family Trust, individually and on behalf of all others similarly situated, Plaintiffs, vs. ANADARKO E&P COMPANY LP f/k/a RME PETROLEUM COMPANY, and ANADARKO LAND CORPORATION f/k/a RME LAND CORP., 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 plaintiffs 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 September 28, 2009, at Denver, Colorado. BY THE COURT:

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