KELLY v. BUSINESS INFORMATION GROUP, INC.

Filing 75

MEMORANDUM OPINION ORDER THAT DEFENDANT'S MOTION TO DISMISS AMENDED COMPLAINT (DOC. NO. 60 ), IS DENIED. DEFENDANT'S MOTION TO STRIKE CLASS ALLEGATIONS (DOC. NO. 61 ), IS DENIED. A TELEPHONE CONFERENCE TO RE-ESTABLISH A SCHEDULING ORDER IN THIS CASE WILL BE HELD ON 7/12/2017, AT 4:00 PM. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 6/22/2017. 6/23/2017 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MICHAEL KELLY, on behalf of himself
and all others similarly situated
v.
BUSINESS INFORMATION GROUP,
INC.

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CIVIL ACTION NO. 15-6668

ORDER
AND NOW, this 22nd day of June, 2017, following upon consideration of the briefs
concerning pending motions (Docs. 60-61, 66-67, 70-71), IT IS HEREBY ORDERED THAT:
1.

Defendant’s Motion to Dismiss Amended Complaint (Doc. 60) is DENIED for the
reasons set forth in the Court’s Memorandum Opinion filed this date; and

2. Defendant’s Motion to Strike Class Allegations (Doc. 61) is DENIED.1
IT IS FURTHER ORDERED THAT a telephone conference to re-establish a scheduling
order in this case will be held on Wednesday, July 12, 2017 at 4:00 p.m. Plaintiff’s counsel shall
initiate the call and dial in chambers (267-299-7790) when all parties are on the line. Counsel
shall submit to chambers a joint proposed scheduling order in advance of the conference.
BY THE COURT:

/s/ David R. Strawbridge USMJ
DAVID R. STRAWBRIDGE
UNITED STATES MAGISTRATE JUDGE

1

In light of our ruling that Plaintiff’s individual claim survives, there is no basis for Defendant to
assert that Plaintiff cannot serve as a representative of a class potentially certified to pursue a claim
under 15 U.S.C. § 1681k. We find that Defendant’s challenges to the viability under Rule 23 of
the proposed classes defined in the Amended Complaint are premature, as Plaintiff has not yet
conducted discovery and filed a certification motion.