He et al v. Rom et al, No. 1:2015cv01869 - Document 42 (N.D. Ohio 2015)

Court Description: Opinion and Order signed by Judge James S. Gwin on 12/22/15 denying the defendants' request for an emergency status conference. (Related Doc. 39 ) (D,MA)

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He et al v. Rom et al Doc. 42 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: RUI HE, et al., : : Plaintiffs, : : v. : : DAVOR ROM, et al., : : Defendants. : : ------------------------------------------------------- CASE NO. 1:15-CV-1869 OPINION & ORDER [Resolving Doc. 39] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Rui He represents a putative class of investors who claimed to have been scammed by real estate investor Davor Rom and his companies Investor Income Properties, LLC, IIP Ohio, IIP Management, IIP Cleveland Regeneration, LLC, IIP Cleveland Regeneration 2, LLC, Assets Unlimited, LLC, and IIP Akron, LLC (collectively, “Defendants”). On December 13, 2015, one of the potential class members, who is a plaintiff in another lawsuit against Defendant Davor Rom, sent an e-mail to other clients of Defendant IIP Management.1/ Defendants then filed a motion in this Court for an emergency status conference. Defendants state that they “must be permitted to respond to their clients.”2/ However, Defendants “want to ensure that they are not violating any of this Court’s protocols, Fed. R. Civ. P. 23, or any other federal laws in responding and/or communicating to the proposed Class Members about the subject 1/ Doc 39. Id. 2/ -1- Dockets.Justia.com Case No. 1:15-CV-01869 Gwin, J. matter of these lawsuits.”3/ Defendants do not specify any particular concerns or any particular proposed communication. Instead, Defendants request generalized guidance as to the rules governing communication with potential class members. In essence, Defendants request an advisory opinion from the Court. The Court will not offer guidance in the absence of a case or controversy. Defendants’ request for an emergency status conference is DENIED. IT IS SO ORDERED. s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE Dated: December 22, 2015 3/ Id. -2-

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