Ali v. Shelter Mutual Insurance Company, No. 5:2020cv05032 - Document 12 (W.D. Ark. 2020)

Court Description: OPINION AND ORDER Denying 10 Motion to Strike. (See Order for specifics) Signed by Honorable P. K. Holmes III on September 30, 2020. (lgd)
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Ali v. Shelter Mutual Insurance Company Doc. 12 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION SAYED ALI v. PLAINTIFF No. 5:20-CV-05032 SHELTER MUTUAL INSURANCE COMPANY DEFENDANT OPINION AND ORDER Defendant filed a motion (Doc. 10) to strike Plaintiff’s class action allegations from the complaint. Plaintiff has not responded. Defendant asks the Court to strike Plaintiff’s class allegations from his complaint because Plaintiff did not file a motion for class certification by the deadline set out in the Court’s final scheduling order. The motion is DENIED. Striking pleadings is an extreme and disfavored remedy. Stanbury Law Firm v. I.R.S., 221 F.3d 1059, 1063 (8th Cir. 2000). Missing a deadline to file a motion is not a sufficient reason to strike allegations from the complaint. The Court agrees with Defendant that Plaintiff likely cannot show the good cause and excusable neglect necessary to file a motion for class certification after the deadline to do so, especially now that the discovery deadline has passed with no class discovery. In the absence of a certified class, there are no class claims to defend on the merits when it comes time for Defendant to do so. Only Plaintiff’s individual claims remain for trial. To the extent class claims of an uncertified class can be considered to exist independently of Plaintiff’s claims, summary judgment for Defendant is appropriate on the class claims, and they are hereby DISMISSED WITH PREJUDICE. IT IS SO ORDERED this 30th day of September, 2020. /s/P. K. Holmes, ΙΙΙ P.K. HOLMES, III U.S. DISTRICT JUDGE Dockets.Justia.com