Allen v. Sun Life Financial Assurance Co. of Canada
Filing
44
ORDER DENYING AS MOOT 18 Defendant's Motion to Strike Affidavit; 19 Plaintiff's Motion to Certify Class; 23 Defendant's Motion to Stay. Signed by District Judge Mark A. Goldsmith. (Goltz, D)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
REYNA ALLEN,
Plaintiff,
Civil Action No.
10-CV-12043
vs.
HON. MARK A. GOLDSMITH
SUN LIFE FINANCIAL ASSURANCE CO.,
Defendant.
_____________________________________/
ORDER DENYING AS MOOT DEFENDANT’S MOTION TO STRIKE AFFIDAVIT
[DE#18], PLAINTIFF’S MOTION FOR CLASS CERTIFICATION [DE#19], AND
DEFENDANT’S MOTION TO STAY [DE#23]
On March 30, 2011, the Court issued an Opinion and Order granting Defendant’s
motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). The Court afforded
Plaintiff until April 25, 2011 to file an amended complaint, if she chooses, curing the defects
found by the Court. Three motions currently remain pending in this matter. The first is
Defendant’s motion to strike an affidavit that was attached to Plaintiff’s response in
opposition to Defendant’s motion to dismiss. The Court denies this motion as moot because
the Court did not consider the affidavit in adjudicating the motion to dismiss.
The second motion that remains outstanding is Plaintiff’s motion for class
certification. The Court’s review of this motion reveals that it is tied to the content of the
initial complaint, as evidenced by the fact that Plaintiff cites the initial complaint throughout
the motion. Because the initial complaint is no longer in existence, the Court denies as moot
Plaintiff’s motion for class certification without prejudice to Plaintiff’s ability to file a new
motion for class certification if an amended complaint is timely filed.
The third motion that remains outstanding is Defendant’s motion to stay both
discovery and briefing related to Plaintiff’s motion for class certification pending the Court’s
ruling on Defendant’s motion to dismiss. The Court denies Defendant’s motion to stay as
moot because the motion to dismiss has been adjudicated.
SO ORDERED.
s/Mark A. Goldsmith
MARK A. GOLDSMITH
United States District Judge
Dated: April 14, 2011
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of
record and any unrepresented parties via the Court's ECF System to their respective email or
First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on April 14,
2011.
s/Deborah J. Goltz
DEBORAH J. GOLTZ
Case Manager
2
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