Phillips v. Equity Residential Management, L.L.C.

Filing 93

Judge Rya W. Zobel: ORDER entered. re #87 Assented to MOTION for Settlement ASSENTED TO MOTION FOR PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT, PRELIMINARY CLASS CERTIFICATION, APPROVAL OF FORM AND MANNER OF NOTICE, AND TO SET FAIRNESS HEARING filed by Scott Phillips is deferred until the appeal concludes.(Urso, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 13-12092-RWZ

SCOTT PHILLIPS,
individually and on behalf of all others similarly situated
v.
EQUITY RESIDENTIAL MANAGEMENT, L.L.C.

ORDER
SEPTEMBER 28, 2017

ZOBEL, S.D.J.
By the plain language of its order dated July 24, 2017, the United States Court of
Appeals for the First Circuit directed the parties to follow the procedure set forth in
Federal Rules of Civil Procedure 62.1 and Federal Rules of Appellate Procedure 12.1
only after the Supreme Judicial Court had either granted the parties’ motion to stay
appeal or issued an answer to the certified question currently before it. 1 By order dated
August 1, 2017, the SJC indicated that it would answer the certified question, but has
not yet done so. Moreover, the parties now ask this court to revisit the same class
certification issues plaintiffs have already appealed to the First Circuit, which retains
jurisdiction of those issues. Accordingly, decision on the Motion for Preliminary
Approval of Proposed Settlement (Docket # 87) is deferred until the appeal concludes.

1
The order provides: “Once the SJC either grants [the parties’ joint motion to stay appeal
pending approval of a class action settlement] or, if that motion is denied, issues an answer to the
certified question currently before it, the parties are directed to follow the procedure set forth in Fed. R.
Civ. P. 62.1 and Fed. R. App. P. 12.1.” Docket # 92-2.

See Fed. R. Civ. P. 62.1(a)(1).

September 28, 2017
DATE

_________/s/Rya W. Zobel__________
RYA W. ZOBEL
SENIOR UNITED STATES DISTRICT JUDGE