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JONATHAN ASBELL, et al., Plaintiffs, v. EDUCATION AFFILIATES, INC., d/b/a FORTIS INSTITUTE OF NASHVILLE, and KIMC NASHVILLE, LLC, d/b/a FORTIS INSTITUTE, Defendants.

JOHN T. NIXON

Judge Nixon Magistrate Judge Bryant
JURY DEMAND

ORDER

Pending before the Court is Plaintiffs' Motion to Stay Determination as to Whether Plaintiffs' Case is to be Maintained as a Class Action ("Motion"). (Doc. No. 18.) Plaintiffs request that the Court stay determination of whether Plaintiffs' case is to be maintained as a class action pending resolution of Defendants' Motion to Compel Arbitration and Motion to Dismiss Plaintiffs' Class Action Claims ("Defendants' Motion") (Doc. No. 4). (Id.) In support of the Motion, Plaintiffs cite Local Rule 23.01(b), which requires that, within sixty days of filing a class action complaint, a plaintiff shall move for a determination as to whether the case is to be maintained as a class action "unless this period is extended on motion for good cause." (Id.) Plaintiff asserts that moving for a determination of whether its case is to be maintained as a class action prior to resolution of Defendants' Motion would be unproductive. (Id.)

The Court finds that Plaintiff has shown good cause for extending the sixty-day limit under Local Rule 23.01(b). Thus, Plaintiffs Motion is GRANTED and the Court hereby STAYS determination as to whether Plaintiffs' case is to maintained as a class action pending the Court's ruling on Defendants' Motion.

It is so ORDERED.

______________________


JOHN T. NIXON, SENIOR JUDGE


UNITED STATES DISTRICT COURT


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Asbell v. Educ. Affiliates, Inc.
(Aug 1, 2012)