Summary
adopting the holding expressed in In re WorldCom Securities Litigation, 496 F.3d 245 (2nd Cir. 2007) that the tolling of prescription required by American Pipe & Construction Co. v. Utah, 414 U.S. 538, 94 S.Ct. 756, 38 L.Ed.2d 713, for members of a class on whose behalf a class action is filed, applies also to class members who file individual suits before class certification is resolved
Summary of this case from Wilkienson v. Lousiana Farm Bureau Mut. Ins. Co.Opinion
CIVIL ACTION NO. 05-4182 SECTION "K"(2).
June 30, 2008
ORDER
Before the Court is a Motion to Dismiss (Rec. Doc. 13411) on behalf of Defendants City of New Orleans, the Hon. C. Ray Nagin, former Superintendent of Police Edwin Compass, III, and current Superintendent of Police Warren J. Riley. Defendants seek dismissal of the claims against them in two causes of action, Civ. A. No. 06-6099 and Civ. A. No. 06-5786. However, by order of this Court dated June 13, 2008, these two cases were both stayed due to the contumacious conduct of Plaintiff's counsel (Rec. Doc. 13525). Accordingly,
IT IS ORDERED that the above-stated Defendants' Motion (Rec. Doc. 13411) is DENIED due to the stay currently pending in this matter. The Defendants shall have leave to refile their motion after the stay is lifted. The Court reminds these Defendants that, should they seek to refile their motion, this Court expects the Defendants to address the relevant facts and issues as they specifically apply to each individual case. Merely relying on prior decisions of this Court without any application to the specific case is a disfavored practice.