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Heather Mills v. Service First Credit Union and Xyz Corporation

July 28, 2011

HEATHER MILLS,
PLAINTIFF
v.
SERVICE FIRST CREDIT UNION AND XYZ CORPORATION, DEFENDANTS



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 28th day of July, 2011, upon consideration of the partial motion to dismiss (Doc. 10), filed by Service First Credit Union ("SFCU"), wherein SFCU requests that the court "strike any and all class allegations" from plaintiff Heather Mills' ("Mills") complaint, and wherein SFCU contends that Mills' claims cannot satisfy the predominance requirement for class certification under Rule 23(b)(3) of the Federal Rules of Civil Procedure,*fn1 and upon further consideration of Mills' opposition to the motion to dismiss (Doc. 13), wherein Mills identifies multiple cases in which other federal district courts "have approved class action claims in similar cases" (Doc. 13 at 2), and the court noting that the parties have not yet conducted discovery in this case and that Mills has not yet moved for class certification,*fn2 and the court considering the Third Circuit's "emphasi[s] [on] the importance of discovery as part of the class certification process,"*fn3 and the court finding that the cases in which the complaint itself reveals that the case cannot proceed as a class action are "rare" and "few", Landsman & Funk PC, 640 F.3d at 93, and recognizing that other judges in this district have denied similar motions to dismiss as premature,*fn4 and the court concluding that the instant case is not one of the "rare" or "few" cases in which the court should dismiss or strike class claims with no discovery, solely on the basis of the pleadings, it is hereby ORDERED that the partial motion to dismiss (Doc. 10) is DENIED.

CHRISTOPHER C. CONNER United States ...


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