Doster Lighting Inc v. E-Conolight LLC

Filing 63

ORDER Motion to Strike 59 , Denying Amended Motion to Certify Class 28 , and Setting a TELEPHONIC STATUS CONFERENCE for 11/5/13 at 2:00 PM before Judge Charles N Clevert Jr. (cc: all counsel) ((cef), C. N. Clevert, Jr.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DOSTER LIGHTING INC.
on behalf of itself and all
other similarly situated,
Plaintiff,
v.

Case No. 12-C-0023

E-CON0LIGHT LLC ,
Defendant.
ORDER GRANTING MOTION TO STRIKE (DOC. 59), DENYING AMENDED MOTION
TO CERTIFY CLASS (DOC. 28), AND SETTING STATUS CONFERENCE
On July 30, 2013, Doster Lighting, Inc. filed a notice of supplemental authority
regarding a recently issued Sixth Circuit opinion, Glazer v. Whirlpool, Corp. (In re Whirlpool
Corp. Front-Loading Washer Prods. Liability Litigation), 722 F.3d 838 (6th Cir. 2013). This
court appreciates citations to recent authority, especially cases that were discussed in their
briefs or at oral argument. However, the notice of supplemental authority filed by Doster
goes beyond citation and perhaps a minimal reference to the opinion, and provides
substantial argument about the case. E-Conolight LLC moves to strike the notice or, in the
alternative, for permission to respond. After consideration of the parties’ submissions on
the motion to strike,
IT IS ORDERED that E-Conolight’s motion to strike (Doc. 59) Doster’s surreply
(titled as a notice of supplemental authority) is granted. However, the court notes the
citation and will consider the Whirlpool case in deciding the motion for class certification.
IT IS FURTHER ORDERED that Doster Lighting Inc.’s Amended Motion for Class
Certification (Doc. 28) is denied. A written decision will issue shortly.

IT IS FURTHER ORDERED that a telephonic status conference is set for November
5, 2013, at 2:00 p.m. The parties should notify the court in writing regarding which
attorneys should be contacted for the conference. In the event more than three attorneys
will appear at the telephone conference (in addition to the court), the court asks plaintiff’s
counsel to arrange the conference call.
Dated at Milwaukee, Wisconsin, this 30th day of September, 2013.
BY THE COURT

/s/ C.N. Clevert, Jr.
C.N. CLEVERT, JR.
U.S. DISTRICT JUDGE

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