Smith, et al. v. Triad of Alabama LLC
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|Date Filed||#||Document Text|
|March 17, 2017
MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1) The Named Plfs' 68 motion for class certification (Doc. # 68) is GRANTED; 2) The court CERTIFIES under FRCP 23(b)(3) a class, as further set out in order; 3) The court CERTIFIES under FRCP 23(b)(3) two subclasses, as further set out in order; 4) Plfs Julie McGee, Adam Parker, Sandra Hall, and Jack Whittle are APPROVED as class representatives; 5) Plf Bradley Smith is REJECTED as class representative because he is not typical of th e class under FRCP 23(a)(3); 6) Pursuant to FRCP 23(g), the law firm of McCallum, Methvin & Terrell, P.C., is APPOINTED as class counsel; 7) Trial of this matter likely will be BIFURCATED, subject to Rule 23(c)(1)(C); The common elements of all four causes of action, as described above, will be tried collectively, and the elements of causation and damages will be tried individually or collectively, as appropriate; and 8) Pursuant to FRCP 23(c)(2)(B), the parties are ORDERED to submit to this cou rt, on or before 4/14/2017, a class notice plan and forms of notice; If the parties are unable to agree on forms of notice, the parties shall each submit on or before 4/7/2017 their proposed forms, accompanied by a memorandum explaining the party's position, and each party shall respond to the other's proposed notice plan and forms of notice no later than 4/14/2017. Signed by Chief Judge William Keith Watkins on 3/17/2017. (wcl, )
|September 26, 2014
ORDER directing that Plaintiffs' Motion for Leave to File Amended Complaint (Doc. # 23 ) is GRANTED, and Plaintiffs shall file the amended complaint attached as Exhibit A to Doc. # 23 on or before October 3, 2014; further ORDERED that Defendant's Motion to Dismiss (Doc. # 17 ) is DENIED with leave to refile following the filing of Plaintiffs' amended complaint. Signed by Chief Judge William Keith Watkins on 9/26/14. (scn, )
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