Shamblin v. Obama for America

Filing 13

ORDER denying without prejudice #5 Motion to Certify Class. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 10/9/2013. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
LORI SHAMBLIN,
Plaintiff,
v.

Case No.

8:13-cv-2428-T-33TBM

OBAMA FOR AMERICA,
Defendant.
________________________________/
ORDER
This matter comes before the Court pursuant to Plaintiff
Lori Shamblin’s Motion for Class Certification (Doc. # 5),
which was filed on September 20, 2013.

The Court denies the

Motion without prejudice.
Discussion
On September 19, 2013, Shamblin filed this putative class
action case alleging that Obama for America violated the
Telephone Consumer Protection Act (“TCPA”) 47 U.S.C. § 227
during the 2012 presidential election. (Doc. # 1).

On

September 20, 2013, Shamblin filed her Motion for Class
Certification. (Doc. # 5).

Rather than analyzing the merits

of class certification under the rubric of Rule 23, Fed. R.
Civ. P., Shamblin requests an Order staying consideration of
the Motion “until such time as Plaintiff has the opportunity
to conduct discovery with respect to the specific elements of

Rule 23, and to set a deadline by which Plaintiff shall file
her memorandum of points and authorities in support of this
motion.” (Doc. # 5 at 2).1
This case is in its infancy.

The docket reflects that

Shamblin has yet to effect service of the summons and the
Complaint on Obama for America.
not

yet

entered

a

Case

In addition, the Court has

Management

and

containing the operative case deadlines.

Scheduling

Order

Rather than staying

the present Motion, which is three pages in length and devoid
of substantive analysis, the Court finds the better course of
action is to deny the Motion without prejudice.

After

Shamblin has effected service of the summons and Complaint,
Shamblin should confer with Obama for America regarding the
deadline

for

filing

motions

for

class

certification.

Thereafter, Shamblin may file a motion for extension of time
in which to seek class certification.
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
Plaintiff Lori Shamblin’s Motion for Class Certification
(Doc. # 5) is DENIED WITHOUT PREJUDICE.

1

Shamblin correctly notes that Local Rule 4.04 requires
that motions for class certification be filed within 90 days
of the complaint.
2

DONE and ORDERED in Chambers, in Tampa, Florida, this 9th
day of October, 2013.

Copies: all parties of record

3