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DiFrancesco v. Bullock

United States District Court, D. Montana, Butte Division

February 16, 2018

MICHAEL DiFRANCESCO, on behalf of himself and others similarly situated, Plaintiff,
v.
STEVE BULLOCK, in his official capacity as Governor of Montana; TIM FOX, in his official capacity as Attorney General of Montana; SARAH GARCIA, in her official capacity as Administrator of the Motor Vehicle Division; and MICHELE SNOWBERGER, in her official capacity as Bureau Chief of the Driver Services Bureau, Defendants.

          ORDER

          SAM E .HADDON, United States District Judge.

         Plaintiff Michael DiFrancesco filed this case on August 31, 2017, as a class action under Fed.R.Civ.P. 23(a)(1)-(4) and 23(b)(2).[1] Defendants appeared and filed a Motion to Dismiss Complaint (With Prejudice)[2] and supporting memorandum[3] on October 17, 2017. A response memorandum[4] and a reply[5] were later filed.[6] No. motion for class certification by Plaintiff or to bar certification by Defendants has been filed.

         Fed. R. Civ. P. 23(a) and (c)(1)(A) and (B) provide in part:

(a) Prerequisites. One or more members of a class may sue or be sued as representative parties on behalf of all members only if:
(1) the class is so numerous that joinder of all members is impracticable;
(2) there are questions of law or fact common to the class;
(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and
(4) the representative parties will fairly and adequately protect the interests of the class.
(1) Certification Order,
(A) Time to Issue. At an early practicable time after a person sues or is sued as a class representative, the court must determine by order whether to certify the action as a class action.
(B) Defining the Class; Appointing Class Counsel. An order that certifies a class action must define the class and the class claims, issues, or defenses, and must appoint class counsel under Rule 23(g).

         The Court has determined to resolve whether to certify the action as a "class action" before taking up or addressing other issues that may be appropriate for the Court's consideration.

         ORDERED:

         1. The Plaintiff shall file an appropriate motion for class certification on or before March 2, 2018, at 4:45 p.m. The motion is expected to: (1) define the class; (2) request certification of the class under Fed.R.Civ.P. 23(a) and (b); (3) identify the class representative; (4) identify class counsel; and (5) shall be accompanied by a brief in support which fully sets forth by description the facts, circumstances and evidence claimed by Plaintiff to justify and warrant class certification, and shall ...


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