Stender et al v. ERP Operating Limited Partnership et al

Filing 10

ORDER RE: MOTIONS FOR CLASS CERTIFICATION. By Judge Robert E. Blackburn on 2/26/13. (kfinn, ) (Main Document 10 replaced on 2/26/2013) (kfinn, ). Modified on 2/26/2013 to link correct document. (kfinn, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-00496-REB
STEVEN A. STENDER,
HAROLD SILVER, and
INFINITY CLARK STREET OPERATING, L.L.C.,
on behalf of themselves and all others similarly situated,
Plaintiffs,
v.
ERP OPERATING LIMITED PARTNERSHIP,
EQUITY RESIDENTIAL,
AVALONBAY COMMUNITIES, INC.,
LEHMAN BROTHERS HOLDINGS INC.,
ARCHSTONE ENTERPRISE LP, and
ARCHSTONE, INC.,
Defendants.

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 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, 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 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; and
4. 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 February 26, 2013, at Denver, Colorado.
BY THE COURT:

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