Konecky et al v. Allstate Fire and Casualty Insurance Company et al

Filing 53

ORDER granting 52 Joint MOTION for Reconsideration re 51 Order. IT IS FURTHER ORDERED the May 2, 2018 Order (Doc. 51 ) is WITHDRAWN. IT IS FURTHER ORDERED that the motion for class certification (Doc. 41 ) is once more DENIED as MOOT. IT IS FURTHER ORDERED that, within 21 days from the date of this Order, the parties shall present settlement documentation for Rule 23(e) consideration. Signed by Judge Donald W. Molloy on 5/8/2018. (NOS)

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

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CV 17-10-M-DWM

SETH KONECKY and JENNIFER
KONECKY, husband and wife,
FLATHEAD VALLEY DIST., INC., a
Montana Corporation, individually, and
on behalf of all others similarly
situated,

ORDER

Plaintiffs,
vs.
ALLSTATE FIRE & CAS. INS. CO.,
ALLSTATE INDEM. CO.,
ALLSTATE PROP. & CAS. INS. CO.,
and ALLSTATE INS. CO.,
Defendants.

Before the Court is the parties' joint motion for leave to file a motion for
reconsideration of the May 2, 2018 Order dismissing the class claims without
prejudice and denying the Plaintiffs' motion to certify as moot. (Doc. 52.) The
parties' Notice of Settlement (Doc. 50) did not specify that they had developed a
proposed settlement agreement conditioned on class certification, notice to putative
class members of the settlement terms and opt-out rights, and court approval. In
short, the Notice did not explain that the parties seek to settle this putative class
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action on a class basis, as the pending motion now makes clear. Therefore, the
motion will be construed as the motion for reconsideration itself. See Local Rule
7.3. Accordingly,
IT IS ORDERED that the motion (Doc. 52) is GRANTED.
IT IS FURTHER ORDERED that the May 2, 2018 Order (Doc. 51) is
WITHDRAWN.
The parties indicate the proposed settlement of the class claims is distinct
from the class certification requests presented by Plaintiffs' motion for
certification. (Doc. 52 at 4 n. 1.) Accordingly, IT IS FURTHER ORDERED that
the motion for class certification (Doc. 41) is once more DENIED as MOOT.
IT IS FURTHER ORDERED that, within 21 days from the date of this
Order, the parties shall present the settlement documentation for Rule 23(e)
consideration of whether the settlement should be preliminarily approved and
presented by notice to a settlement class.
DATED this

~ay of May, 2018.

/

lloy, District Judge
istrict Court

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