El-Hallani et al v. Huntington National Bank

Filing 10

OPINION and ORDER Denying Plaintifs' 6 Motion to Certify Class Without Prejudice. Signed by District Judge Gerald E. Rosen. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ALI EL-HALLANI, et al,
Plaintiffs,
No. 13-cv-12983
Hon. Gerald E. Rosen

vs.
HUNTINGTON NATIONAL BANK
Defendant.
/

OPINION AND ORDER DENYING PLAINTIFFS’ MOTION TO CERTIFY
CLASS WITHOUT PREJUDICE
Plaintiffs initiated this civil rights litigation on July 11, 2013. (Dkt. # 1). A
little over two months later, Plaintiffs filed a Motion for Class Certification (Dkt. #
6) and an Ex Parte Motion for Leave to File Excess Pages (Dkt. #4). On the same
day, Defendant, in lieu of an answer to Plaintiffs’ Complaint, filed a Motion to
Dismiss Plaintiffs’ Complaint pursuant to Federal Rule of Civil Procedure
12(b)(6). (Dkt. # 5). Plaintiffs’ Motions are premature due to the pendency of
Defendant’s dispositive motion and the further reason that, even if Defendant’s
motion is denied, the Court’s experience is that discovery and potential further
motion practice provides a necessary preamble to class certification issues.
For all of the foregoing reasons,
IT IS ORDERED that Plaintiffs’ Motion for Class Certification (Dkt. # 6) is
DENIED WITHOUT PREJUDICE, pending discovery and future motion practice.

IT IS FURTHER ORDERED that Plaintiffs’ Ex-Parte Motion for Leave to
File Excess Pages (Dkt. # 4) is DENIED AS MOOT.
IT IS SO ORDERED.

Dated: October 2, 2013

s/Gerald E. Rosen
GERALD E. ROSEN
CHIEF, U.S. DISTRICT COURT

I hereby certify that a copy of the foregoing document was mailed to the attorneys
of record on this date, October 2, 2013, by electronic and/or ordinary mail.
s/Julie Owens
Case Manager, 313-234-5135