Aker v. Alltran Financial LP

Filing 15

ORDER signed by Magistrate Judge William E Duffin on 3/5/2018. The plaintiff's motion to stay further proceedings 3 is granted. The parties are relieved from the automatic briefing schedule set forth in Civil Local Rule 7(b) and (c). Moreover, for administrative purposes, it is necessary that the Clerk terminate the plaintiff's motion for class certification. However, this motion will be regarded as pending to serve its protective purpose under Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011). (cc: all counsel) (mlm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ROBERT AKER,
Plaintiff,
v.

Case No. 17-CV-985

ALLTRAN FINANCIAL LP,
Defendant.
ORDER
On July 18, 2017, the plaintiff filed a class action complaint. At the same time, the
plaintiff filed what the court commonly refers to as a “protective” motion for class
certification. (ECF No. 3.) In this motion the plaintiff moved to certify the class
described in the complaint but also moved the court to stay further proceedings on that
motion.
In Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011), the court
suggested that class-action plaintiffs “move to certify the class at the same time that
they file their complaint.” Id. “The pendency of that motion protects a putative class
from attempts to buy off the named plaintiffs.” Id. However, because parties are
generally unprepared to proceed with a motion for class certification at the beginning of

a case, the Damasco court suggested that the parties “ask the district court to delay its
ruling to provide time for additional discovery or investigation.” Id.
The plaintiff’s motion to stay further proceedings is granted. The parties are
relieved from the automatic briefing schedule set forth in Civil Local Rule 7(b) and (c).
Moreover, for administrative purposes, it is necessary that the Clerk terminate the
plaintiff’s motion for class certification. However, this motion will be regarded as
pending to serve its protective purpose under Damasco.
SO ORDERED.
Dated at Milwaukee, Wisconsin this 5th day of March, 2018.

_________________________
WILLIAM E. DUFFIN
U.S. Magistrate Judge

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