Ireland et al v. Olson et al
ORDER ADOPTING 394 and 399 REPORT AND RECOMMENDATIONS; and granting in part and denying in part 343 Motion to Certify Class by Judge Ralph R. Erickson.(SH)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Rodney J. Ireland, et al.,
Case No. 3:13-cv-03
ORDER ADOPTING REPORT AND
Maggie D. Anderson, Executive
Director, North Dakota Department of
Human Services, in her official capacity,
On August 29, 2016, the court received a Report and Recommendation from the
Honorable Alice R. Senechal, United States Magistrate Judge, pursuant to 28 U.S.C. § 636,
recommending denial of class certification as to one proposed class and granting class
certification as to the other proposed classes and subclasses.1 In addition, the court received
a supplement to the Report and Recommendation.2 The defendants filed objections to the
Report and Recommendation, asserting that the plaintiffs cannot satisfy the requirements
of Fed.R.Civ. P. 23.3 The defendants further contend that certification of the small classes
is unnecessary because the relief requested, if successful, will be identical regardless of
whether or not a class action is maintained. The plaintiffs filed a response to the
A de novo review of the record and applicable case law demonstrates that class
certification is appropriate. The court hereby adopts the magistrate judge’s Report and
Recommendation in its entirety. The court finds that the requirements of Fed.R.Civ.P. 23
have been met as to the SOTEP Class and subclasses, the Evaluation Class, and the Debt
Class. The law firms of Brancart & Brancart and the Fremstad Law Firm are appointed as
class counsel for the classes and subclasses. The plaintiffs’ proposed individuals are
appointed as representatives of the classes and subclasses, with the addition of Garrett Loy
as an additional representative of the Evaluation Class. The claims of the classes and
subclasses are preliminarily defined to those set forth in the magistrate judge’s Report and
Recommendation. The plaintiffs’ motion to certify the proposed DOCR class is denied.
The plaintiffs’ motion for class certification is granted in part and denied in part.
IT IS SO ORDERED.
Dated this 21st day of March, 2017.
/s/ Ralph R. Erickson
Ralph R. Erickson, District Judge
United States District Court
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