Opinion
Civil No. 11-2183 (JBS-JS)
03-12-2012
STEVEN ROBINSON on behalf of himself and all others similarly situated, Plaintiff, v. HORNELL BREWING CO., et al., Defendants.
ORDER
This matter having come before the Court upon the motion of Defendants to dismiss Plaintiff's class action allegations [Docket Item 26]; for the reasons explained in the Memorandum Opinion of today's date; and for good cause shown;
IT IS this 12th day of March, 2012 hereby
ORDERED that Defendants' motion is DENIED as follows: the motion is denied without prejudice as to Plaintiff's allegation that the matter is appropriate for class action under Fed. R. Civ. P. 23(b)(2); the motion is denied as moot as to Plaintiff's allegation that a class action is superior to other forms of adjudication under Fed. R. Civ. P. 23(b)(3); and it is further
ORDERED that the Court will hear oral argument on Plaintiff's motion to certify a class [Docket Item 41] on Tuesday, April 3, 2012, at 10:00 A.M. in Courtroom 4A.
__________________
JEROME B. SIMANDLE
Chief U.S. District Judge