Mazur v. National Account Systems of Omaha, LLC et al

Filing 23

ORDER - Plaintiff's Motion for Class Certification, filing 8 , shall be held in abeyance pending further development of the record in this case. The motion shall be terminated by the Clerk of Court for statistical purposes, and Plaintiff shall renew the motion at a later date in order to establish a briefing schedule. Ordered by Magistrate Judge F.A. Gossett. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KORY MAZUR, on behalf of himself
and all others similarly situated,
Plaintiff,
V.
NATIONAL ACCOUNT SYSTEMS
OF OMAHA, LLC, and THOMAS C.
UNDERWOOD,
Defendants.

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8:14CV84

ORDER

This case was filed on March 14, 2014. (Filing 1.) Defendants recently filed answers
to the Complaint. A planning conference has not been scheduled in this case, and discovery
has not yet begun.
On April 8, 2014, Plaintiff filed a motion for class certification. (Filing 8.) Plaintiff
claims that he filed this motion at this early stage of the case to avoid any attempt by
Defendants to “pick off” Plaintiff with an offer of judgment. See Keim v. ADF Midatlantic,
LLC, No. 37177372013 WL 399222, *9 (S.D. Fla. July 15, 2013) (“Defendants’ Rule 68
offer of judgment provides Plaintiff full relief in this case. Because Plaintiff had not moved
for class certification at the time that offer was made, this case is consequently moot”).
Plaintiff seemingly recognizes that given the early stage of this case, and absence of
discovery, Plaintiff’s request for class certification is premature. Thus, he has requested that
briefing on the motion be stayed until the parties have engaged in discovery and developed
an adequate record.
Having considered the matter, Plaintiff’s request that briefing be stayed on his motion
for class certification will be granted, and Plaintiff’s motion for class certification will be
held in abeyance pending further development of the case. However, Plaintiff’s motion for
class certification will be terminated for statistical purposes, and the motion shall be renewed
by Plaintiff at a later date. At that time, a briefing schedule will be established in accordance

with the rules of this Court.
Accordingly,
IT IS ORDERED that Plaintiff’s Motion for Class Certification shall be held in
abeyance pending further development of the record in this case. The motion shall be
terminated by the Clerk of Court for statistical purposes, and Plaintiff shall renew the motion
at a later date in order to establish a briefing schedule.
DATED May 9, 2014.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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