D.G. et al v. Henry et al, No. 4:2008cv00074 - Document 337 (N.D. Okla. 2010)
Court Description: OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 314 Sealed Motion (jcm, Dpty Clk)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA D.G., by Next Friend G., Gail Stricklin, et al., Plaintiffs, vs. Case No. 08-CV-74-GKF-FHM C. BRAD HENRY, in his official capacity as Governor of the State of Oklahoma, et al., Defendants. OPINION AND ORDER Plaintiffs Motion to Compel [Dkt. 314] is before the Court for decision. Defendants have filed a response [Dkt. 319] and Plaintiffs have filed a reply [Dkt. 323]. The motion focuses to a large extent on the permissible scope of discovery in light of the Court s stay of class wide discovery pending a decision by the Tenth Circuit Court of Appeals regarding the order certifying this case as a class action. On February 8, 2010, the Tenth Circuit affirmed the order certifying the case as a class action. Given the changed posture of the case, the Court DENIES Plaintiffs Motion to Compel [Dkt. 314] without prejudice to refiling if necessary after the parties have met and conferred in light of the decision by the Tenth Circuit. SO ORDERED this 24th day of March, 2010.
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