ROBINSON v. HORNELL BREWING CO. et al

Filing 64

ORDERED that Defts' 26 Motion to Dismiss is DENIED, etc. ORAL ARGUMENT on Pltf's 41 Motion to Certify a Class set for 4/3/2012 @ 10:00 AM in Courtroom 4A. Signed by Chief Judge Jerome B. Simandle on 3/12/2012. (drw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

STEVEN ROBINSON on behalf
of himself and all others
similarly situated,

Civil No. 11-2183 (JBS-JS)

Plaintiff,

ORDER

v.
HORNELL BREWING CO., et
al.,
Defendants.

This matter having come before the Court upon the motion of
Defendants to dismiss Plaintiff’s class action allegations
[Docket Item 26]; for the reasons explained in the Memorandum
Opinion of today’s date; and for good cause shown;
IT IS this

12th

day of March, 2012 hereby

ORDERED that Defendants’ motion is DENIED as follows: the
motion is denied without prejudice as to Plaintiff’s allegation
that the matter is appropriate for class action under Fed. R.
Civ. P. 23(b)(2); the motion is denied as moot as to Plaintiff’s
allegation that a class action is superior to other forms of
adjudication under Fed. R. Civ. P. 23(b)(3); and it is further
ORDERED that the Court will hear oral argument on
Plaintiff’s motion to certify a class [Docket Item 41] on
Tuesday, April 3, 2012, at 10:00 A.M. in Courtroom 4A.
s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge