ALBERTON v. COMMONWEALTH LAND TITLE INSURANCE COMPANY

Filing 218

ORDER THAT PLFFS' ORAL MOTION TO APPOINT MARK C. KESSLER AS CLASS REPRESENTATIVE IS GRANTED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 1/26/10. 1/27/10 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA A.D. ALBERTON & MARK C. KESSLER Plaintiffs, v. COMMONWEALTH LAND TITLE INSURANCE CO. Defendant. : : : : : : : : : : : CIVIL ACTION NO. 06-3755

ORDER AND NOW, this 26th day of January 2010, upon consideration of Plaintiff's oral motion to appoint Mark C. Kessler as class representative, it is hereby ORDERED that Plaintiffs' oral motion is GRANTED.1

AND IT IS SO ORDERED. S/Eduardo C. Robreno EDUARDO C. ROBRENO, J.

To the extent that Plaintiffs intend to pursue a separate theory of liability which implicates the potential conflict between the subclasses, Plaintiffs shall articulate such a theory to the Court at the time that the parties file a proposed schedule for submitting dispositive motions. See Alberton v. Commw. Land Title Ins. Co., 247 F.R.D. 469, 477 (E.D. Pa. 2008), rev'd on other grounds, Hunt v. U.S. Tobacco Co., 538 F.3d 217 (3d Cir. 2008).

1