Medina v. Catholic Health Initiatives et al

Filing 17

ORDER re: Motions for Class Certification. By Judge Robert E. Blackburn on 7/8/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-01249-REB-KLM
JANEEN MEDINA, on behalf of herself, individually, and on behalf of all others similarly
situated, and on behalf of the CHI Plans,
Plaintiff,
v.
CATHOLIC HEALTH INITIATIVES, a Colorado non-profit corporation,
PATRTICIA G. WEBB, an individual,
CAROL KEENAN, an individual, and
JOHN and JANE DOES, each an individual, 1-20,
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 of Fed. R. Civ. P. 23(a)(1)-(4), and (ii) the
matters set forth in Fed. R. Civ. P. 23(b); (b) that defines the proposed class; and (c)

that requests the appointment of class counsel;
2. That any response and any corresponding reply SHALL BE FILED in the time
and manner required by D.C.COLO.LCivR 7.1C.;
3. That an applicant for class counsel SHALL ADDRESS the matters set forth in
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 July 8, 2013, at Denver, Colorado.
BY THE COURT:

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