Hickey et al v. Brinker Restaurant Corporation et al

Filing 4

ORDER Re: Motions for Class Certification. No later than 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 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 counse l. The deadlines for filing response and reply briefs SHALL BE AS PRESCRIBED under D.C.COLO.LCivR 7.1C. 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� 39;s ability to fairly and adequately represent the interests of the proposed class. 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. By Judge Robert E. Blackburn on 4/15/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-00951-REB-BNB
SARAH HICKEY,
AMY M. GULDEN, and
JAY A. RAGSDALE, on behalf of themselves, individually, and on behalf of all others
similarly situated,
Plaintiffs,
v.
BRINKER RESTAURANT CORPORATION, and
BRINKER INTERNATIONAL INC., d/b/a Maggiano’s Little Italy,
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 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 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 April 15, 2013, at Denver, Colorado.
BY THE COURT:

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