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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), in many putative class action cases, plaintiffs are filing 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, while also addressing the mootness concerns raised in Damasco. An example stipulation, used in Hayden v. Fresh Express, Inc., No. 12 C 1583 [#18], may be found here.

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