Leiting-Hall v. Winterer et al

Filing 59

MEMORANDUM AND ORDER- The Magistrate Judge's Findings and Recommendation (filing 47 ) are adopted. The defendants' objection (filing 53 ) to the findings and recommendation is overruled. The plaintiffs' Amended Motion for Class Certification (filing 20 ) is granted. Ordered by Judge John M. Gerrard. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TAMI LEITING-HALL, individually
and on behalf of herself and all others
similarly situated, and ASHLEY
DANKLEFF,

4:14-CV-3155

Plaintiffs,
vs.

MEMORANDUM AND ORDER

KERRY WINTERER, as Chief
Executive Officer of the Nebraska
Department of Health and Human
Services, and THOMAS PRISTOW,
as Director of the Division of Children
and Family Services, Nebraska
Department of Health and Human
Services,
Defendants.
This matter is before the Court on the Magistrate Judge's Findings and
Recommendation (filing 47) recommending that the Court grant the
plaintiffs' Amended Motion for Class Certification (filing 20). The Court has
conducted a de novo review of the Magistrate Judge's proposed findings and
recommendations, see 28 U.S.C. § 636(b)(1), and will adopt them.
Specifically, I have reviewed the Magistrate Judge's thorough and wellreasoned opinion, as well as the parties' submissions to the Magistrate Judge
and briefing on the defendants' objection (filing 53) to the findings and
recommendation. The defendants did not, in objecting, raise new arguments
requiring any separate analysis, and the Court finds the defendants'
arguments to be without merit for the reasons explained by the Magistrate
Judge. The Court will, therefore, grant the plaintiffs' motion for class
certification for the reasons recommended by the Magistrate Judge.
This case should proceed as promptly as possible. The plaintiffs have
made serious allegations affecting potentially thousands of SNAP-eligible
individuals. This case should be monitored, briefed, and decided with
appropriate speed.

IT IS ORDERED:
1.

The Magistrate Judge's Findings and Recommendation
(filing 47) are adopted.

2.

The defendants' objection (filing 53) to the findings and
recommendation is overruled.

3.

The plaintiffs' Amended Motion for Class Certification
(filing 20) is granted.

Dated this 31st day of March, 2015.
BY THE COURT:
John M. Gerrard
United States District Judge

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