Opinion
Case No. 2:05-CV-00755.
April 27, 2006
ORDER
This matter comes before the Court on the Motion to Stay Consideration of Plaintiffs' Motion for Class Certification by Defendant, John M. Connelly, in his capacity as Executive Director of the Ohio Rehabilitation Services Commission ("ORSC"). [Doc. No. 38]. Defendant asserts that in order to conserve both parties' resources, as well as to promote judicial economy, the Court should stay consideration of class certification until such time as all dispositive motions have been ruled upon. Plaintiffs' counter that because considerations of fairness and economy favor a timely ruling on its motion for class certification, the motion is ripe for the Court's immediate review.
Federal Rule 23(c)(1)(A) of the Federal Rules of Civil Procedure states: "[w]hen a person sues or is sued as a representative of a class, the court must — at an early practicable time — determine by order whether to certify the action as a class action." See FED. R. CIV. P. 23(c)(1)(A). The reference to "at an early practicable time" recognizes that there may be many valid reasons justifying the deferral of the initial certification decision, "including that the opposing party may prefer to win dismissal or summary judgment as to the individual plaintiffs and that time may be needed to explore the designation of class counsel." See id.; 7AA WRIGHT MILLER FED. PRAC. PROC. CIV. 3d § 1785.3 (2006).
In this case, Defendant argues that both Plaintiffs' Amended Complaint and Plaintiff Intervenors' Complaint must be dismissed pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. Accordingly, until the Court has decided whether it lacks subject matter jurisdiction to hear the case and/or whether Plaintiffs' have failed to state a claim on which relief can be granted, it should not waste its judicial resources in ruling on Plaintiffs' Motion for Class Certification. Hence, the Court GRANTS Defendant's Motion to Stay Consideration of Plaintiffs' Motion for Class Certification pending its rulings on Defendant's various motions to dismiss.
IT IS SO ORDERED.