DiFrancesco v. Bullock et al

Filing 36

ORDERED: The Plaintiff shall file an amended motion for class certification on or before November 2, 2018. Plaintiff shall have the option, if deemed appropriate, on or before November 2, 2018, to file an amended complaint setting forth modifications or changes in allegations in the complaint necessary and appropriate and in support of the revised proposed class certification. (please see order for additional deadlines and information.) Signed by Judge Sam E Haddon on 10/17/2018. (HEG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA

FILED
OCT 17 2018

BUTTE DIVISION

Clerk, 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.
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.
The Court ordered a status conference 1 and a hearing 2 on Plaintiff's Motion
to Certify Class 3 to be held on October 16, 2018.

1

Doc. 33.

2

Doc. 34.

3

Doc.18.
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The status conference with counsel to address issues directly related to
Plaintiffs Motion to Certify Class was conducted as scheduled.
The Court determined at the hearing to defer address of the Motion to
Certify Class pending supplementation of the record by the parties with materials
as ordered.
Upon the record made and for the reasons stated in open court the class to
which certification was sought, namely:
[A]ll Montana drivers who currently have, or will have,
at least one driver's license suspension because of
unpaid court debts and who did not, or will not, receive
an ability-to-pay hearing before the suspension,4
was determined to be unacceptable, inappropriate, and inadequate for
certification.
ORDERED:
1.

The Plaintiff shall file an amended motion for class certification on or

before November 2, 2018.
2.

Plaintiff shall have the option, if deemed appropriate, on or before

November 2, 2018, to file an amended complaint setting forth modifications or
changes in allegations in the complaint necessary and appropriate and in support

4

Doc. 18 at 2.
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of the revised proposed class certification.
3.

Each party shall have to and including October 26, 2018, in which to

file a brief in support of his or its position on the issue of whether a justiciable
controversy exists for persons asserted in the present class certification request 5
for "all Montana drivers who ... will have, at least one driver's license suspension
because of unpaid court debts and who ... will not, receive an ability-to-pay
hearing before suspension." 6
4.

The parties shall meet and confer on or before November 2, 2018, to

address, agree upon, and submit to the Court a list identifying by appropriate
citation each and every United States or Montana constitutional provision or
statute of the state of Montana the Plaintiff claims to have been violated or not
appropriately applied in address or disposition of any claim asserted by Plaintiff or
on behalf of any class member.
5.

On or before November 2, 2018, the Plaintiff shall file a statement

identifying by date of infraction and citation of statute, each and every driving
citation, ticket, or driving infraction asserted by Plaintiff on his own behalf, or on

5

Doc.18.

6

Plaintiff's counsel suggested at the October 16, 2018, hearing that the revised class
certification to be submitted would not include "drivers who ... will have ... [a suspension]"
and "who will not receive an ability-to-pay hearing before suspension."
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behalf of proposed class members, as a basis for or relevant to any and all claims
asserted in the complaint.
6.

On or before November 2, 2018, Plaintiff shall file a report

identifying by: (1) title of court; (2) cause number; (3) date of filing; and (4)
identification of parties, for each case known to counsel that has presented or
asserted claims or issues which are the same as or substantially similar to the
claims of Plaintiff or proposed class members in this case.
7.

Upon receipt of the submissions as ordered in paragraphs 1 through 6

above, and any other submissions deemed necessary and appropriate, the Court
will take up and address anew the revised class certification request, including
conduct of a further hearing or hearings if ordered by the Court.
DATED this

/? ti!. of October, 2018.
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~~DON
United States District Judge

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