Preemptive Class Certification Motions
Presumably to address the
concerns raised by the Seventh Circuit Court of Appeals in Damasco v. Clearwire Corp., 662 F.3d 891, 897 (7th Cir. 2011), overruled by Chapman v. First Index, Inc., 2015 WL 4652878 (7th Cir. Aug. 6, 2015), in
many putative class action cases, plaintiffs file class certification
motions contemporaneously with their complaint. Consideration of such motions
at that early stage is premature. Accordingly, the court asks that the parties
consider entering into a stipulation that would obviate the need for the
parties to address the premature motion for class certification.