DiFrancesco v. Bullock et al

Filing 17

ORDER. The Plaintiff shall file an appropriate motion for class certification on or before March 2, 2018, at 4:45 p.m. Defendants shall have to and including March 16, 2018, at 4:45 p.m. in which to file a motion in opposition to certification with brief, or a response brief in opposition. Plaintiff's reply brief will be due on or before March 30, 2018, at 4:45 p.m. The parties are directed to meet, confer, and file a joint report on or before March 30, 2018, at 4:45 p.m. Defendant's Motion to Dismiss Complaint (With Prejudice) is DENIED WITHOUT PREJUDICE to renewal if appropriate following determination of class certification. Signed by Judge Sam E Haddon on 2/16/2018. (NOS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

FILED
FEB 16 2018
Cieri<, U.S. District Court
District Of Montana
Helena

MICHAEL DiFRANCESCO, on
behalf of himself and others similarly
situated,

No. CV 17-66-BU-SEH

Plaintiff,
ORDER

vs.
STEVE BULLOCK, in his official
capacity as Governor of Montana; TIM
FOX, in his official capacity as
Attorney General of Montana; SARAH
GARCIA, in her official capacity as
Administrator of the Motor Vehicle
Division; and MICHELE
SNOWBERGER, in her official
capacity as Bureau Chief of the Driver
Services Bureau,
Defendants.
Plaintiff Michael Difrancesco filed this case on August 31, 2017, as a class
action under Fed. R. Civ. P. 23(a)(l)-(4) and 23(b)(2). 1 Defendants appeared and

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filed a Motion to Dismiss Complaint (With Prejudice) 2 and supporting
memorandum3 on October 17, 2017. A response memorandum4 and a reply5 were
later filed. 6 No motion for class certification by Plaintiff or to bar certification by
Defendants has been filed.
Fed. R. Civ. P. 23(a) and (c)(l)(A) and (B) provide in part:
(a) Prerequisites. One or more members ofa class may
sue or be sued as representative parties on behalf of all
members only if:
(1) the class is so numerous thatjoinder of
all members is impracticable;
(2) there are questions of law or fact common to
the class;
(3) the claims or defenses of the
representative parties are typical of the
claims or defenses of the class; and
(4) the representative parties will fairly
and adequately protect the interests of the
class.

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November 7,2017, and November 21,2017.
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(1) Certification Order.

(A) Time to Issue. At an early practicable
time after a person sues or is sued as a class
representative, the court must determine by order
whether to certify the action as a class action.
(B) Defining the Class; Appointing Class
Counsel. An order that certifies a class action
must define the class and the class claims, issues,
or defenses, and must appoint class counsel under
Rule 23(g).
The Court has determined to resolve whether to certify the action as a "class
action" before taking up or addressing other issues that may be appropriate for the
Court's consideration.
ORDERED:
I.

The Plaintiff shall file an appropriate motion for class certification on

or before March 2, 2018, at 4:45 p.m. The motion is expected to: (I) define the
class; (2) request certification of the class under Fed. R. Civ. P. 23(a) and (b); (3)
identify the class representative; (4) identify class counsel; and ( 5) shall be
accompanied by a brief in support which fully sets forth by description the facts,
circumstances and evidence claimed by Plaintiff to justify and warrant class
certification, and shall include, but shall not be limited to, address of the

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requirements of all applicable provisions of Fed. R. Civ. P. 23(a), (b), (c) and
(g)(l ).
2.

Defendants shall have to and including March 16, 2018, at 4:45 p.m.

in which to file a motion in opposition to certification, accompanied by a brief
opposing certification, or, in the alternative, to file a response brief in opposition
to the motion for certification.
3.

A reply brief from Plaintiff will be due on or before March 30, 2018,

at4:45 p.m.
4.

In addition to the briefs to be filed in support and opposition to

certification, the parties are directed to meet and confer and to file with the Court a
joint report on or before March 30, 2018, at 4:45 p.m. outlining by general
description: (1) discovery necessary to determination of class certification issues
to be undertaken and completed; and (2) an estimate of the time reasonably
required to undertake and complete such discovery.
5.

The Court will set by separate order, or orders, such other and further

hearings relevant to determination of class certification as may be warranted.
6.

Defendants' Motion to Dismiss Complaint (With Prejudice)7 is

DENIED WITIIOUT PREJUDICE to renewal if appropriate following
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determination of class certification.
DATED this

.fl,

JP day ofFebruary, 2018.

"sE. HADDON
United States District Judge

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