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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,
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.
.HADDON, United States District Judge.
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). Defendants appeared and filed a Motion to
Dismiss Complaint (With Prejudice) and supporting
memorandum on October 17, 2017. A response
memorandum and a reply were later filed. No. motion for
class certification by Plaintiff or to bar certification by
Defendants has been filed.
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
(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).
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
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 ...