Summary
denying motion to strike class allegations and holding that objections are more appropriately resolved at class certification stage of proceedings
Summary of this case from Shields v. Metro. Prop. & Cas. Ins. Co.Opinion
CIVIL ACTION NO. 4:17-CV-00001
10-10-2017
STEVEN CONE, ET AL.; Plaintiffs, v. SANITARIOS LAMOSA S.A. DE C.V., ET AL., Defendants.
JUDGE MAZZANT/JUDGE JOHNSON MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. On September 22, 2017, the report of the Magistrate Judge (Dkt. #37) was entered containing proposed findings of fact and recommendations that Defendants' Motion to Strike Plaintiffs' Class Allegations from Plaintiffs' First Amended Complaint (Dkt. #17) be denied, and Plaintiffs' Motion to Strike, or Alternatively Stay, Defendants' Request to Strike Class Allegations from Amended Complaint (Dkt. #19) be denied as moot.
Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the Court.
IT IS THEREFORE ORDERED that Defendants' Motion to Strike Plaintiffs' Class Allegations from Plaintiffs' First Amended Complaint (Dkt. #17) is DENIED, and Plaintiffs' Motion to Strike, or Alternatively Stay, Defendants' Request to Strike Class Allegations from Amended Complaint (Dkt. #19) is DENIED as moot.
It is SO ORDERED.
SIGNED this 10th day of October, 2017.
/s/_________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE