Elwell et al v. Air Line Pilots Association, International

Filing 4

ORDER re: Motions for Class Certification. By Judge Robert E. Blackburn on 9/3/2013. (klyon, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 13-cv-02343-REB-CBS GERALD ELWELL, SEAN ASH, JP BORDEWICK, and RICHARD WARNER, individually and on behalf of all other similarly situated persons, Plaintiffs, v. AIR LINE PILOTS ASSOCIATION INTERNATIONAL, Defendant. 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 the 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 FILED in the time and manner required under D.C.COLO.LCivR 7.1C.; 3. That any 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 September 3, 2013, at Denver, Colorado. BY THE COURT: 2

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