Hershey v. ExxonMobil Oil Corporation

Filing 121

MEMORANDUM AND ORDER granting 118 Plaintiff's uncontested Motion to Strike. The clerk of the court shall take appropriate steps to strike Doc. 117 from the docket. Signed by Magistrate Judge Karen M. Humphreys on 11/5/10. (sj)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS JIMMIE HERSHEY, individually and on behalf of all other similarly situated, Plaintiff, v. EXXONMOBIL OIL CORPORATION, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 07-1300-JTM MEMORANDUM AND ORDER Counsel for plaintiffs in Farrar et al. v. Mobil Oil Corp, Case No. 01-CV-12 (Stevens Co. Kansas District Court), filed a "statement" in this case asserting that Jimmy Hershey is seeking to represent a class that has already been certified in a state court action concerning the same claims. (Doc. 117). This matter is before the court on Hershey's motion to strike improper filings by a non-party. (Doc. 118).1 No response in opposition to the motion has been filed; thus, the motion is uncontested and, under D. Kan. Rule 7.4, the motion is granted without further notice. IT IS THEREFORE ORDERED that plaintiff's motion to strike an improper filing 1 Neither Mr. Farrar nor the "Farrar class" sought leave to intervene in this case and do not cite any authority for filing a "statement" in this case. by a non-party (Doc. 118) is GRANTED. The clerk of the court shall take appropriate steps to strike Doc. 117 from the docket. IT IS SO ORDERED. Dated at Wichita, Kansas this 5th day of November 2010. S/ Karen M. Humphreys _______________________ KAREN M. HUMPHREYS United States Magistrate Judge -2-

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