Carbone v. Caliber Home Loans, Inc. et al

Filing 20

ORDER denying 6 Motion to Certify Class; Plaintiff's motion for class certification (Docket Entry 6) is DENIED WITHOUT PREJUDICE. The motion may be renewed after Plaintiff obtains the facts necessary to meet his burden of establishing that t he requirements set forth in Federal Rule of Civil Procedure 23 have been met. As requested, the parties are also granted permission to submit a proposed case management schedule within fourteen (14) days from the date of this Order. So Ordered by Judge Joanna Seybert on 10/9/2015. C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
------------------------------------X
MICHAEL K. CARBONE, on behalf of
himself and all others
similarly situated,
Plaintiff,
-against-

ORDER
15-CV-4919(JS)(ARL)

CALIBER HOME LOANS, INC., and U.S.
BANK TRUST, N.A., as Trustee of
LSF9 MASTER PARTICIPATION TRUST,
Defendants.
-------------------------------------X
APPEARANCES
For Plaintiff:
Abraham Kleinman, Esq.
Kleinman, LLC
626 RXR Plaza
Uniondale, NY 11556-0626
Tiffany N. Hardy, Esq.
Edelman Combs Latturner & Goodwin, LLC
20 South Clark St., Ste. 1500
Chicago, IL 60603
For Defendants:
Caliber Home Loans
and U.S. Bank Trust

Brian P. Hennessy, Esq.
David T. Biderman, Esq.
Frederick Rivera, Esq.
Manny Joseph Caixeiro, Esq.
Perkins Coie LLP

SEYBERT, District Judge:
The parties submitted a joint letter (Docket Entry 19)
seeking to hold Plaintiff’s motion for conditional certification
(Docket Entry 6) in abeyance until after discovery is conducted.
Plaintiff

filed

a

premature

motion

for

class

certification to avoid having the putative class action claims

mooted by a potential offer of judgment for full relief made
pursuant to Federal Rule of Civil Procedure 68.
Docket Entry 6, ¶ 18.)

(Pl.’s Mot.,

For the reasons discussed the Court’s

previous order in Carlin v. Davidson Fink LLP, No. 13-CV-6062,
2014 WL 4826248, at *3 (E.D.N.Y. Sept. 23, 2014), reconsidered and
vacated
Sept.

in

30,

part,
2015),

No.

13-CV-6062,

Plaintiff’s

2015

motion

WL

for

5794250

class

(Docket Entry 6) is DENIED WITHOUT PREJUDICE.

(E.D.N.Y.

certification

The motion may be

renewed after Plaintiff obtains the facts necessary to meet his
burden of establishing that the requirements set forth in Federal
Rule of Civil Procedure 23 have been met.
As requested, the parties are also granted permission to
submit a proposed case management schedule within fourteen (14)
days from the date of this Order.

SO ORDERED.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

October
9 , 2015
Central Islip, New York

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