Opinion
Case No. 03-CV-06387 (FB).
March 13, 2008
For the Plaintiffs: MORRIS FISCHER, ESQ., Fagbenle Attorneys, LLC, Air Rights Center, Bethesda, MD.
THEO I. OGUNE, ESQ., The Law Offices of Ogune, LLC, Baltimore, MD.
For the Defendants: EPHRAIM UGWUONYE, ESQ., ECU Associate, P.C., Silver Spring, MD.
ORDER
For the reasons discussed in open court today, the parties' joint motion to certify the class and preliminarily approve the settlement is denied without prejudice. So that each member of the plaintiff class may be identified, defendant is ordered to conduct due diligence in order to procure the name and address of every passenger aboard Nigeria Airways Flight WT. 851 from New York City (JFK) to Lagos, Nigeria on November 30, 2002. Within 30 days of the date of this order, defendant shall furnish a list containing these names and addresses to plaintiffs and the Court; if defendant is unable to identify the name and address of every passenger, it shall immediately inform plaintiffs and the Court as to why it cannot do so.