Roberts v. C.R. England, Inc., 2:12-CV-00302. (2018)
Court: District Court, D. Utah
Number: infdco20180226d62
Visitors: 18
Filed: Feb. 23, 2018
Latest Update: Feb. 23, 2018
Summary: MEMORANDUM DECISION & ORDER ROBERT J. SHELBY , District Judge . On November 13, 2017, Magistrate Judge Wells granted in part Defendants' request to take absent class member depositions, and ordered Defendants to "propose a statistically significant sample size based on the work of an expert in this case." 1 Defendants submitted the Declaration of Ted Tatos, which includes a sample size analysis and states that a sample size of 96 drivers in this case would fall within "commonly accepted pr
Summary: MEMORANDUM DECISION & ORDER ROBERT J. SHELBY , District Judge . On November 13, 2017, Magistrate Judge Wells granted in part Defendants' request to take absent class member depositions, and ordered Defendants to "propose a statistically significant sample size based on the work of an expert in this case." 1 Defendants submitted the Declaration of Ted Tatos, which includes a sample size analysis and states that a sample size of 96 drivers in this case would fall within "commonly accepted pre..
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MEMORANDUM DECISION & ORDER
ROBERT J. SHELBY, District Judge.
On November 13, 2017, Magistrate Judge Wells granted in part Defendants' request to take absent class member depositions, and ordered Defendants to "propose a statistically significant sample size based on the work of an expert in this case."1 Defendants submitted the Declaration of Ted Tatos, which includes a sample size analysis and states that a sample size of 96 drivers in this case would fall within "commonly accepted precision and confidence levels."2 Plaintiffs objected to Magistrate Judge Wells's Order,3 and the court ordered Defendants to respond to Plaintiffs' Objection.4
Plaintiff Kenneth McKay, individually and on behalf of all others similarly situated ("Plaintiffs"), filed a Motion to Stay Further Consideration of Defendants' Motion for Approval to Depose Absent Class Members.5 Plaintiffs' Motion is well-taken. The court stays further consideration of Defendants' Motion seeking leave to take absent class member depositions6 and Defendants' Submission Pursuant to Order,7 pending resolution of Plaintiffs' Objection in the first instance.8
Plaintiffs ask the court in the alternative for leave to respond to Defendants' Submission Pursuant to the Order regarding the appropriate number of absent class member depositions. The request is DENIED without prejudice to seek leave once Plaintiffs' Objection is resolved.
Based upon the foregoing, Plaintiffs' Motion to Stay Further Consideration of Defendants' Motion for Approval to Depose Absent Class Members Pending Consideration of Objection9 is GRANTED in part, and DENIED in part without prejudice.
FootNotes
1. Dkt. 405, p. 12.
2. Dkt. 432-1 ¶ 28 ("Submission Pursuant to Order").
3. Dkt. 410.
4. Dkt. 438.
5. Dkt. 440.
6. Dkt. 335.
7. Dkt. 432-1.
8. Dkt. 410.
9. Dkt. 440.
Source: Leagle