Douglas Phillip Brust, D.C., P.C. v. Orthopedic Pharmaceuticals, Inc.

Filing 24

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Plaintiffs motion (Doc. No. 4 ) for class certification, filed on July 1, 2014, is DENIED without prejudice to refiling such a motion later in the proceedings, pursuant to the sch edule set forth in the Case Management Order ("CMO") governing this case. Any Offer of Judgment made only to the named Plaintiff before the Court rules on a motion for class certification filed in accordance with the CMO will be stricken. See Prater v. Medicredit, Inc., ___ F.R.D. ___, 2014 WL 3973863, at *3 (E.D. Mo. Aug. 2014); Johnson v. U.S. Bank Natl Assn, 276 F.R.D. 330, 334 (D. Minn. 2011). Signed by District Judge Audrey G. Fleissig on 10/21/2014. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DOUGLAS PHILLIP BRUST, D.C., P.C.,
Plaintiff,
v.
ORTHOPEDIC PHARMACEUTICALS,
INC., et al.,
Defendants.

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No. 4:14-CV-01170-AGF

MEMORANDUM AND ORDER
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IT IS HEREBY ORDERED that Plaintiff’s motion (Doc. No. 4) for class
certification, filed on July 1, 2014, is DENIED without prejudice to refiling such a
motion later in the proceedings, pursuant to the schedule set forth in the Case
Management Order (“CMO”) governing this case. Any Offer of Judgment made only to
the named Plaintiff before the Court rules on a motion for class certification filed in
accordance with the CMO will be stricken. See Prater v. Medicredit, Inc., ___ F.R.D.
___, 2014 WL 3973863, at *3 (E.D. Mo. Aug. 2014); Johnson v. U.S. Bank Nat’l Ass’n,
276 F.R.D. 330, 334 (D. Minn. 2011).

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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

Dated this 21st day of October, 2014.