Daniels et al v. Greenkote IPC, Inc. et al

Filing 54

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motion of plaintiffs Johnny Daniels and others for class certification (Doc. 42) is sustained. IT IS FURTHER ORDERED that the motion of defendants Greenkote IPC, Inc. and Greenkote Plc. to strike plaintiffs jury demand (Doc. 44) is denied without prejudice. Signed by Magistrate Judge David D. Noce on 10/28/11. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOHNNY DANIELS, et al.,

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Plaintiffs,
v.
GREENKOTE IPC, INC., and
GREENKOTE PLC.,
Defendants.

No. 4:10 CV 1954 DDN

MEMORANDUM AND ORDER
This action is before the court on the motion of plaintiffs Johnny
Daniels and others for class certification (Doc. 42) and the motion of
defendants Greenkote IPC, Inc. and Greenkote Plc. to strike plaintiffs’
jury demand (Doc. 44).
Plaintiffs
defendants.

seek

(Doc. 42.)

A hearing was held on October 28, 2011.
to

certify

a

class

as

former

employees

of

The parties agree, and the court concurs, that

class certification is appropriate under Rule 23. In accordance with the
discussion at the hearing, the class in this action is defined as:
All persons employed at the Greenkote IPC, Inc. facility
located at 4001 Gratiot Street, St. Louis, Missouri, who were
affected employees and were subjected to an employment loss as
a result of Defendants’ alleged violations of the WARN Act.
Defendants have moved to strike plaintiffs’ jury demand. (Doc. 44.)
Because the facts at issue are not yet concretely defined, this motion
would be better decided, if necessary, following dispositive motions.
Therefore,
IT IS HEREBY ORDERED that the motion of plaintiffs Johnny Daniels
and others for class certification (Doc. 42) is sustained.
IT IS FURTHER ORDERED that the motion of defendants Greenkote IPC,
Inc. and Greenkote Plc. to strike plaintiff’s jury demand (Doc. 44) is
denied without prejudice.
/S/
David D. Noce
UNITED STATES MAGISTRATE JUDGE
Signed on October 28, 2011.