Taddeo v. American

Filing 724

ORDER denying Defendant Countrywide Home Loans' 714 Motion to Stay Briefing. Signed by Judge Kent J. Dawson on 11/23/10. (Copies have been distributed pursuant to the NEF - ECS)

-RJJ Taddeo v. American

Doc. 724

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 16 Currently before the Court is Defendant Countrywide Home Loans' ("Countrywide") Motion 17 to Stay Briefing (#714). Countrywide requests that the Court stay briefing on Plaintiffs' Motion to 18 Certify Class (#706) until all other pending dispositive motions in this action are resolved. 19 On September 30, 2010, the Court issued an Order (#695), requiring Plaintiffs to file a Third 20 Amended Complaint, and subsequently, a motion for class certification. Specifically, the Court 21 recognized Plaintiffs' prior admission that jurisdiction in this forum is founded solely on allegations 22 brought pursuant to 28 U.S.C. § 1332(d)(2). The Court additionally stated its doubt regarding the 23 typicality and commonality of the purported Plaintiffs and claims, as pled in the Second Amended 24 25 26 v. AMERICAN INVSCO CORPORATION, et al., FRANK TADDEO, et al., Plaintiffs, Case No. 2:08-CV-01463-KJD-RJJ ORDER

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Dockets.Justia.com

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Complaint, and found it pertinent that an amended motion to certify class be filed.1 In its Order of September 30, 2010, the Court indicated that additional discovery regarding class certification may be needed, and that the Court was willing to entertain requests for extensions of time if necessitated. Here however, Countrywide has sought to stay the issue of class certification entirely, until Defendants' pending dispositive motions have been fully briefed and ruled upon, alleging that the Court should ensure that the Plaintiffs' Third Amended Complaint (#701) complies with the Court's Order of September 30, 2010. The Court does not agree. Federal jurisdiction in this case hinges upon approval of Plaintiffs' class certification. As the Court has previously expressed doubt regarding the typicality and commonality of Plaintiffs' alleged claims the issue of class certification remains germane to any discussion of dismissal. Accordingly, IT IS HEREBY ORDERED that Defendant Countrywide Home Loans' Motion to Stay Briefing (#714) is DENIED. DATED this 23rd day of November 2010.

_____________________________ Kent J. Dawson United States District Judge

T h e Court denied Plaintiffs' initial Motion for class certification without prejudice in its Order of September 1 6 , 2009, (#292) based upon the finding that the Plaintiffs' First Amended Complaint was ambiguous and overly-broad. D e fe n d a n t s had opposed class certification based upon their allegations that Plaintiffs' Motion was premature, that the F A C was ambiguous, and averring that additional discovery was needed regarding the requirements of class certification u n d e r Fed. R. Civ. P. 23, and the Court agreed.

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