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15-014 - Creech v. Emerson Climate Technologies, Inc. et al


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15-014 - Creech v. Emerson Climate Technologies, Inc. et al
October 29, 2015
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DECISION AND ENTRY SUSTAINING PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED CLASS ACTION COMPLAINT (DOC. #17); SAID PLEADING TO BE FILED WITHIN SEVEN DAYS; OVERRULING AS MOOT THE REMAINDER OF DEFENDANTS' MOTION TO DISMISSUNDER CIVIL RULE 12(b)(6), WHICH THE COURT HAS CONVERTED TO A MOTION FOR SUMMARY JUDGMENT (DOC. #8), AND DEFENDANTS' MOTION TO STRIKE CLASS ALLEGATIONS FROM THE CLASS ACTION COMPLAINT (DOC. #9). Signed by Judge Walter H. Rice on 10/29/2015. (srb)
February 2, 2016
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DECISION AND ENTRY OVERRULING WITHOUT PREJUDICE, AS PREMATURE, DEFENDANTS MOTION TO STRIKE CLASS ALLEGATIONS FROM THE AMENDED CLASS ACTION COMPLAINT (DOC. # 28); PLAINTIFF GIVEN 45 DAYS TO CONDUCT LIMITED DISCOVERY ON CLASS CERTIFICATION ISSUE, AND AN ADDITIONAL 15 DAYS TO FILE A SECOND AMENDED CLASS ACTION COMPLAINT. - If Plaintiff files a Second Amended Class Action Complaint, Defendants have until the close of business on Wednesday, April 20, 2016, to file whatever motion(s) directed to said Second Class Action Complaint deemed necessary. Should any such motion(s) be filed, same shall be briefed according to the Rules of Court. Signed by Judge Walter H. Rice on 2/2/2016. (srb)
September 9, 2016
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ORDER GRANTING MOTION TO FILE UNDER SEAL - ORDERED AND ADJUDGED that: 1. Plaintiffs Motion is hereby GRANTED.2. Plaintiff may file his unredacted Response in Opposition to Defendants' Motion to Strike or Dismiss and Documents under seal. DONE AND ORDERED in Chambers at Dayton, Ohio this 9th day of September,2016. Signed by Judge Walter H. Rice on 9/9/2016. (srb)
February 27, 2017
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DECISION AND ENTRY OVERRULING WITHOUT PREJUDICE DEFENDANT'S MOTION TO STRIKE OR DISMISS CLASS ALLEGATIONS FROM THE SECOND AMENDED CLASS ACTION COMPLAINT (DOC. # 53). - This matter is currently before the Court on Defendant's Motion to Strike or Dismiss Class Allegations from the Second Amended Class Action Complaint. Doc. # 53. Having reviewed the parties' briefs, Docs. ## 53, 59, 60, the Court concludes that it cannot decide the class certification issue without a choice-of-law analysis. Given that neither party has yet provided the Court with a thorough choice-of-law analysis, the Court OVERRULES Defendant's motion as premature. The Court plans to decide the class certification issue only on a fully- briefed motion for class certification, to be filed by Plaintiff at a later date. The Court will schedule a Preliminary Pretrial Conference, and then issue a Scheduling Order setting appropriate deadlines. Signed by Judge Walter H. Rice on 2/27/2017. (srb)
November 9, 2017
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ORDER granting 75 Motion to File Document Under Seal. Signed by Judge Walter H. Rice on 11/9/17. (pb)