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, )

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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.

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