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Sewell v. Atlas Roofing Corporation of Mississippi

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA


April 19, 2007

CODY SEWELL
v.
ATLAS ROOFING CORPORATION OF MISSISSIPPI, ET AL.

The opinion of the court was delivered by: Lance M. Africk United States District Judge

SECTION: I/4

ORDER AND REASONS

Before the Court is the motion to dismiss class action allegations filed on behalf of defendants, Atlas Roofing Corporation, Atlas Roofing Corporation of Mississippi, and Roofing Products and Building Supply Co., Inc. Plaintiff, Cody B. Sewell, has filed no opposition to defendants' motion. Defendants argue that plaintiff has failed to move for class certification within ninety days as required by Local Rule 23.1(B).*fn1

Plaintiff filed his action in Louisiana state court on June 10, 2006.*fn2 The case was removed to the United States District Court for the Middle District of Louisiana on August 11, 2006,*fn3 and transferred to this Court on October 24, 2006.*fn4 Per Local Rule 23.1(B), plaintiff's motion for class certification was due no later than November 9, 2006, which is 90 days after the case was removed to federal court. Plaintiff's motion for class certification is now many months late; therefore, his class action allegations will be dismissed as untimely. See Williamson v. Swiss Reinsurance Am. Corp., No. 03-1089, 2003 U.S. Dist. LEXIS 17934 (E.D. La. Oct. 7, 2003); Stewart v. Project Consulting Servs., Inc., No. 99-3595, 2001 U.S. Dist. LEXIS 13689 (E.D. La. Aug. 28, 2001) (Fallon, J.); Cook v. Ill. Cent. R.R., No. 93-3967, 1995 U.S. Dist. LEXIS 3387 (E.D. La. Mar. 10, 1995) (Vance, J.).

Accordingly, IT IS ORDERED that defendants' motion to dismiss class action allegations*fn5 is GRANTED. To the extent that plaintiff's complaint seeks to bring claims on behalf of a class of unnamed plaintiffs, those claims are DISMISSED.

New Orleans, Louisiana, April 19th, 2007.


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