Moe v. Geico Indemnity Co.

Opinion

IN THE UNITED STATES DISTRICT COURT DISTRICT OF MONTANA BUTTE DIVISION

BRANDON L. MOE, individually and Case No. 2:19-CV-00023 BMM-KLD on behalf of all individuals of the class similarly situated, ORDER

Plaintiffs,

vs.

GEICO INDEMNITY CO., GOVERNMENT EMPLOYEES INSURANCE COMPANY, and JOHN DOES II -XX,

Defendants.

On April 2, 2021, the Court and the parties had an informal discovery status conference to discuss issues related to class discovery. Based on that discussion, IT IS HEREBY ORDERED that briefing on class certification and class- related discovery is stayed until the determination of Defendants’ Motion for Summary Judgment (Doc. 86) and Plaintiff’s Motion for Partial Summary Judgment (Doc. 91). The Court has considered whether the one way intervention rule bars consideration of these motions, and does not believe that it bars such consideration. See e.g. Khasin v. Hershey Co., 2014 U.S. Dist. LEXIS 62070, * 6- 7 (N.D. Cal. May 5, 2014) (defendant can waive protections of one way intervention rule by moving for summary judgment prior to class certification) and Diva Limousine, Ltd. v. Uber Techs., Inc, 392 F.Supp.3d 1074, 1095 (N.D. Cal

2019) (rule applies to motions for rulings on merits of case). DATED this 9th day of April, 2021.

________________________________ Kathleen L. DeSoto United States Magistrate Judge