Massa v. Evoqua Water Technologies, LLC
ORDER denying 16 Motion to Strike. See order for details. Signed by Magistrate Judge Amanda Arnold Sansone on 10/14/2016. (BEE)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
MONTANA MASSA, on behalf of himself
and all others similarly situated,
Case No.: 8:16-cv-2585-T-23AAS
EVOQUA WATER TECHNOLOGIES LLC,
Before the Court is Defendant’s Motion to Strike Plaintiff’s Motion for Class Certification.
(Doc. 16) and Plaintiff’s Response to Defendant’s Motion to Strike or Alterative Motion to Stay
Ruling and Suspend the Time for Plaintiff to Brief the Motion for Class Certification Pending
Disposition of Plaintiff’s Motion to Remand (Docs. 18, 19).
On July 28, 2016, Plaintiff filed a Class Action Complaint against Defendant in the Circuit
Court of the Sixth Judicial Circuit in and for Pinellas County, Florida. (Doc. 2). On September 6,
2016, Defendant removed the action to this Court. (Doc. 1). As part of the removal process and
in conformity with Local Rule 4.02, Defendant filed the state court filings as a composite exhibit
attached to the Notice of Removal. (Doc. 1, Ex.B)
Defendant now moves to strike Plaintiff’s Motion for Class Certification, which is included
in Exhibit B to the Notice of Removal, as an improper motion.
The Court agrees with both
Plaintiff and Defendant that Plaintiff’s Motion for Class Certification (a state court motion filed in
state court) does not comply with the local rules of this Court or the Federal Rules of Civil
Procedure. However, for the reasons stated in Defendant’s response to the motion to strike, the
Court does not find that striking the motion is appropriate. See Fed. R. Civ. P. 12(f). In light of
the procedural posture of this case, the Court will instead suspend briefing of Plaintiff’s Motion
for Class Certification, pending a ruling on Plaintiff’s Motion to Remand.
Accordingly, it is ORDERED:
Defendant’s Motion to Strike Plaintiff’s Motion for Class Certification (Doc. 16) is
DENIED. If the Court denies Plaintiff’s Motion to Remand (Doc. 9), then Plaintiff shall have 90
days from the date of that order to move for class certification.
DONE AND ORDERED in Tampa, Florida on this 14th day of October, 2016.
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