Sewell et al v. Zhang et al
| Gregory Sewell and John Does 1-10 |
| Frank Zhang, Baywaveland Properties, LLC and Nicole Cousin |
| 1:2023cv00050 |
| February 22, 2023 |
| US District Court for the Southern District of Mississippi |
| Halil S Ozerden |
| Bradley W Rath |
| P.I.: Other |
| 42 U.S.C. ยง 1981 Civil Rights |
| Plaintiff |
Docket Report
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TEXT ONLY ORDER denying without prejudice Plaintiff's Motion #2 to Certify Class Action. Plaintiff's Motion #2 , which was filed by counsel, is handwritten and is not accompanied by a memorandum, in violation of the Court's Local Rules. See L.U. Civ. R. 7(b). Plaintiff also has not demonstrated that the requirements set forth under Federal Rule of Civil Procedure 23 for maintaining a class action have been satisfied. See Fed. R. Civ. P. 23(a)-(b); see also L.U. Civ. R. 23 ("The plaintiff has the burden of establishing by way of pleadings and evidentiary materials that a class action is appropriate and of defining all relevant classes and subclasses."). Moreover, the Motion #2 to Certify is premature. The Local Rules provide that, "[i]n all civil actions filed as class actions, the class plaintiff must, at a time directed by the case management order, move for a Fed. R. Civ. P. 23 class determination." L.U. Civ. R. 23. Defendants have not been served with process, and no case management order has been entered in this case. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on February 28, 2023. (ENW)
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Filing 2
MOTION to Certify Class Action by John Does 1-10, Gregory Sewell (wld)
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Filing 1
COMPLAINT with jury demand against Baywaveland Properties, LLC, Nicole Cousin, Frank Zhang ( Filing fee $ 402 receipt number 860), filed by Gregory Sewell, John Does 1-10. (Attachments: #1 Civil Cover Sheet)(wld)
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