It was pretty evident in the hearing that he wasn't going to class the suit.
Anyone have a copy of that transcript they can post? Some of his comments were unbelievable, very unprofessional, imo.
As to the legality of denying the discovery process, I don't know, but assume B&M did and that they would've taken action if it was illegal.
Not sure if this is the transcript you mean, but here ya go...
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
JILL RYAN and RON RYAN, :
DOFF MEYER and ROBIN :
BRECKER, WALTER COLES, :
THERESA PINES, and :
DR. EDWARD ROBERSON and :
MADELEINE ROBERSON, :
individually and on :
behalf of others similarly situated, :
:
Plaintiffs, : CIVIL ACTION
: N O. 2:06-CV-0146-WCO
vs. ::
HIDDEN LAKE ACADEMY, INC., :
HLA, INC., HIDDEN LAKE :
FOUNDATION, INC., and DR. :
LEONARD BUCCELLATO, :
:
Defendants. :
:
ORDER
Plaintiffs’ motion for class certification [37-1] has been pending since
December 29, 2006. The court has not ignored the motion. On two occasions, the court has granted the parties’ request to defer ruling on it. The most recent request came on June 25, 2007, at which time the parties informed the court that they had reached a settlement agreement and would be jointly moving to certify a settlement class.
Plaintiffs’ original motion to certify has been sitting idle on the court’s
docket for over half a year, and, inasmuch as the parties will soon be submitting a joint motion to certify a settlement class, the court sees no reason to leave the old motion where it sits. Accordingly, plaintiffs’ motion for class certification [37-1] is hereby DENIED without prejudice. As the court made clear during its June 25, 2007 telephone conference, the parties may submit their joint motion for the court’s consideration when it is prepared.
IT IS SO ORDERED, this 15th day of August, 2007.
s/William C. O’Kelley
WILLIAM C. O’KELLEY
Senior United States District Judge
