Landry v. Liberty Financial Services

Filing 19

ORDER dismissing 17 Motion to Certify Class; finding as moot 18 Motion to Continue. Signed by Judge Lance M Africk. (car, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ROBERT LANDRY

CIVIL ACTION
No. 11-481
05-6887

VERSUS
LIBERTY BANK & TRUST
COMPANY, ET AL.

SECTION: "I"

O R D E R
Before the Court is a motion1 to certify class filed by
plaintiff, Robert Landry.

Local Rule 23.1(B) provides,

Within 91 days after filing of a complaint in
a class action or filing of a notice of
removal of the class action from state court,
whichever is later, plaintiff must move for
class certification under FRCP 23(c)(1),
unless this period is extended upon motion
for good cause and order by the court.
Plaintiff filed his complaint in this Court on February 28,
2011. Plaintiff did not move for class certification until
September 2, 2011, long after 91 days had lapsed since the filing
of the complaint.

Additionally, plaintiff has not filed a motion

to show good cause for an extension of the time to move for class
certification.
Accordingly,
IT IS ORDERED that plaintiff’s motion is DISMISSED.

1

R. Doc. No. 17.

IT IS FURTHER ORDERED that defendants’ motion2 to continue
the hearing on plaintiff’s motion for class certification is
DISMISSED AS MOOT.

15th

New Orleans, Louisiana, September ____, 2011.

LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE

2

R. Doc. No. 18.