Creech v. Emerson Climate Technologies, Inc. et al
DECISION AND ENTRY OVERRULING WITHOUT PREJUDICE DEFENDANT'S MOTION TO STRIKE OR DISMISS CLASS ALLEGATIONS FROM THE SECOND AMENDED CLASS ACTION COMPLAINT (DOC. # 53 ). - This matter is currently before the Court on Defendant's Motion to S trike or Dismiss Class Allegations from the Second Amended Class Action Complaint. Doc. # 53 . Having reviewed the parties' briefs, Docs. ## 53 , 59 , 60 , the Court concludes that it cannot decide the class certification issue without a choice-of-law analysis. Given that neither party has yet provided the Court with a thorough choice-of-law analysis, the Court OVERRULES Defendant's motion as premature. The Court plans to decide the class certification issue only on a fully - briefed motion for class certification, to be filed by Plaintiff at a later date. The Court will schedule a Preliminary Pretrial Conference, and then issue a Scheduling Order setting appropriate deadlines. Signed by Judge Walter H. Rice on 2/27/2017. (srb)
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