Countryman v. Farmers Insurance Exchange et al

Filing 65

ORDER RE: MOTIONS FOR CLASS CERTIFICATION. By Judge Robert E. Blackburn on 8/1/2011. (sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 10-cv-01075-REB-KMT
LAWRENCE COUNTRYMAN, on behalf of himself and all others similar situated,
Plaintiff,
v.
FARMERS INSURANCE EXCHANGE., an insurer, and owner of MID-CENTURY
INSURANCE COMPANY, a California corporation,
Defendant.

ORDER RE: MOTIONS FOR CLASS CERTIFICATION
Blackburn, J.
The matter is before the court on the Joint Status Report [#64],1 filed July 29,
2011. 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 defendant SHALL FILE its motion to dismiss on or before August 12,
2011, as contemplated by the Joint Status Report;
2. That no later than thirty (30) days after the motion to dismiss is filed, plaintiff
SHALL FILE a motion for class certification under Fed.R.Civ.P. 23 that addresses, inter

1

“[#64]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

alia, (a)(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; provided, furthermore, that the motion MUST BE sui
generis; that is, plaintiff MAY NOT rely on or refer to any prior briefing submitted in this
case in support of such a motion;
3. That the deadlines for filing response and reply briefs SHALL BE AS
PRESCRIBED under D.C.COLO.LCivR 7.1C.;
4. 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
5. That based on the parties’ submissions, the court will either rule 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 August 1, 2011, at Denver, Colorado.
BY THE COURT:

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