Opinion
NO. 2015 CW 0603
07-09-2015
MICHAEL RILEY AND COLETHA RILEY, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED v. ROBIN KEEGAN, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF AND THE LOUISIANA OFFICE OF COMMUNITY DEVELOPMENT AND THE LOUISIANA RECOVERY AUTHORITY
In Re: Patrick Forbes, in his Official Capacity as Director of and the Louisiana Office of Community Development and the Louisiana Recovery Authority, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, Mo. 633,190. BEFORE: WELCH, CRAIN AND DRAKE, JJ.
WRIT DENIED.
EGD
JEW
CRAIN, J., dissents. Louisiana Code of Civil Procedure article 592A requires that a motion to certify a class action be filed within ninety (90) days after service of the initial pleading on all adverse parties. Plaintiffs filed the subject motion to certify a class action two hundred sixty (260) days after service of the initial pleading. Plaintiffs did not prove that the ninety-day deadline was extended by stipulation, or that they were prevented from filing (or otherwise justified in their failure to file) either a timely motion to certify a class action or a timely motion to extend the ninety-day deadline. Consequently, the trial court abused its discretion in failing to dismiss plaintiffs' demand for class certification. I would grant the writ application, reverse the trial court's ruling, and dismiss plaintiffs' demand for class certification. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT