Noll, Anthony v. Weltman Weinberg & Reis Co. LPA et al

Filing 28

ORDER denying as moot 5 Motion to Certify Class under Rule 23. Signed by District Judge Barbara B. Crabb on 3/4/2014. (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ANTHONY NOLL,
on behalf himself and class members,
ORDER
Plaintiff,
13-cv-551-bbc
v.
WELTMAN WEINBERG & REIS CO. LPA
and U.S. BANK NATIONAL ASSOCIATION ND,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In this lawsuit brought under the Federal Debt Collection Practices Act and state law,
plaintiff Anthony Noll is alleging that defendants Weltman Weinberg & Reis Co. LPA and
U.S. Bank National Association ND has been attempting to collect a debt that was
discharged in bankruptcy. Plaintiff filed the lawsuit on August 2, 2013, along with a motion
to certify a class under Fed. R. Civ. P. 23. Dkt. #5. On August 22, 2013, the parties filed
a joint motion in which they asked that the motion for class certification be “continued to
the date the court sets for the parties’ initial status conference.” Dkt. #12. I granted the
motion, dkt. #17, and, after the preliminary pretrial conference, Magistrate Judge Stephen
Crocker set a new briefing schedule. Dkt. #21. On January 10, 2014, the day plaintiff’s
brief was due, he filed an unopposed motion for an extension of time until January 24, 2014.
Dkt. #24. Magistrate Judge Peter Oppeneer granted the motion. Dkt. #25.

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Plaintiff’s January 24 deadline has long since passed, but plaintiff has neither filed any
new materials in support his motion for class certification nor requested another extension
of time. I construe plaintiff’s silence as an indication that he wishes to withdraw his motion.
Accordingly, the motion for class certification, dkt. #5, is DENIED as moot.
Entered this 4th day of March, 2014.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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