Pandemic Darlings The pandemic economy, in original documents
Home Source documents Order (Unopposed Motion for a Briefing Schedule) (Dkt. 665)

Order (Unopposed Motion for a Briefing Schedule) — In re January 2021 Short Squeeze Trading Litigation (Dkt. 665, S.D. Fla.)

Summary

An Order in In re: January 2021 Short Squeeze Trading Litigation, Case 1:21-md-02989-CMA (Case No. 21-02989-MDL-ALTONAGA/Reid, Document 665, 12 pages), in the U.S. District Court for the Southern District of Florida, done and ordered in Miami, Florida on April 18, 2024 under the name of Chief U.S. District Judge Cecilia M. Altonaga and entered April 19, 2024. The Court construes Plaintiffs' Unopposed Motion for a Briefing Schedule [ECF No. 624] as a motion to extend the passed deadline to seek class certification and for leave to file a second class certification motion, applying the good cause standard of Rule 16(b)(4). Because the November 13, 2023 Order denying class certification did not amend the Scheduling Order's deadline and Plaintiffs have not demonstrated good cause, the motion is DENIED and Plaintiffs may not file a renewed class certification motion.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Source documents
Document type
Gov.Uscourts.Flsd.590042.665.0
Case
Gov.Uscourts.Flsd.590042.665.0

Cite this document

“Order (Unopposed Motion for a Briefing Schedule) (Dkt. 665).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-flsd-590042-665-0/, SHA-256 d44b06d008559091fa5de78104025327c953e71fd8831085d2fcc4e10b7dbb93.

Full text

Case 1:21-md-02989-CMA Document 665 Entered on FLSD Docket 04/19/2024 Page 1 of 12



                              UNITED STATES DISTRICT COURT
                              SOUTHERN DISTRICT OF FLORIDA

                           CASE NO. 21-02989-MDL-ALTONAGA/Reid

   In re:

   JANUARY 2021 SHORT SQUEEZE
   TRADING LITIGATION
   _________________________________/

   This Document Relates to the Actions in the Federal Securities Tranche

                                               ORDER

            THIS CAUSE came before the Court on Lead Plaintiff, Blue Laine-Beveridge; Named

   Plaintiffs, Abraham Huacuja, Ava Bernard, Brendan Clarke, Brian Harbison, Cecilia Rivas, Doi

   Nguyen, Joseph Gurney, Marcel Poirier, Sandy Ng, Santiago Gil Bohórquez, and Thomas Cash’s

   Unopposed Motion for a Briefing Schedule [ECF No. 624], filed on December 13, 2023. Plaintiffs

   seek leave to file a renewed motion for class certification, even though the deadline to do so has

   passed (see generally Mot.); thus, the Court construes the Motion as one to extend the deadline to

   seek class certification and for leave to file a second, class certification motion. Defendants,

   Robinhood Markets, Inc., Robinhood Financial LLC, and Robinhood Securities, LLC (together,

   “Robinhood”) filed a Response [ECF No. 631]; to which Plaintiffs filed a Reply [ECF No. 636].

   Given the matters raised in the Reply (and with leave of Court), Robinhood filed a Sur-Reply [ECF

   No. 651].

            The Court has carefully considered the Motion, the record, and applicable law. For the

   following reasons, the Motion is denied.

                                         I. BACKGROUND

            On October 7, 2022, the Court entered an Order Setting Trial and Pre-Trial Schedule,

   Requiring Mediation, and Referring Certain Matters to Magistrate Judge (“Scheduling Order”)

   [ECF No. 517], which set a deadline of April 28, 2023 for Plaintiffs to file a motion for class
Case 1:21-md-02989-CMA Document 665 Entered on FLSD Docket 04/19/2024 Page 2 of 12

                                                         CASE NO. 21-02989-MDL-ALTONAGA/Reid

   certification. (See id. 2). On April 28, 2023, Plaintiffs filed their Motion for Class Certification

   [ECF No. 559], which the Court denied, explaining that Plaintiffs had failed to identify a

   presumption of reliance sufficient to demonstrate that individualized issues of reliance would not

   predominate over common issues. (See Nov. 13, 2023 Order [ECF No. 622] 36–72).

          In rejecting Plaintiffs’ arguments, the Court acknowledged certain academic discourse

   suggesting the possibility that a modified fraud-on-the-market reliance presumption may apply in

   a case like this one. (See id. 62 (citing Desai v. Deutsche Bank Sec. Ltd., 573 F.3d 931, 945 n.1

   (9th Cir. 2009) (O’Scannlain, J., concurring); Charles R. Korsmo, Mismatch: The Misuse of

   Market Efficiency in Market Manipulation Class Actions, 52 WM. & MARY L. REV. 1111, 1174

   (2011)); see also id. 57 (citing Fezzani v. Bear, Stearns & Co. Inc., 716 F.3d 18, 21 n.2 (2d Cir.

   2013)). The Court explained, however, that it was “tak[ing] no position on whether such a

   presumption is viable, and the parties have not briefed this issue.” (Id. 62 (alteration added)).

          Although the deadline to pursue class certification passed in April 2023, Plaintiffs now

   request a second opportunity to pursue class certification based on a modified fraud-on-the-market

   presumption.    (See generally Mot.; Reply).       Unsurprisingly, Robinhood opposes Plaintiffs’

   request. (See generally Resp.; Sur-Reply).

                                      II. LEGAL STANDARDS

          Plaintiffs’ requested relief requires both the extension of an expired pre-trial deadline and

   leave to file a renewed class certification motion. (See generally Mot.; Reply). There are legal

   standards that guide the Court’s decision.

          Scheduling order extensions.          Under Federal Rule of Civil Procedure 16(b)(4), a

   scheduling order “may be modified only for good cause and with the judge’s consent.” This good

   cause standard precludes modification unless the schedule cannot be met despite the diligence of

   the parties seeking the extension. See, e.g., Oravec v. Sunny Isles Luxury Ventures, L.C., 527 F.3d

                                                     2
Case 1:21-md-02989-CMA Document 665 Entered on FLSD Docket 04/19/2024 Page 3 of 12

                                                           CASE NO. 21-02989-MDL-ALTONAGA/Reid

   1218, 1232 (11th Cir. 2008) (“We have recognized that Rule 16[b]’s good cause standard

   ‘precludes modification of the scheduling order unless the schedule cannot be met despite the

   diligence of the party seeking the extension.” (alteration added; other alteration adopted; citations

   omitted)); Roberson v. BancorpSouth Bank, Inc., No. 12-0669, 2013 WL 4870839, at *2 (S.D.

   Ala. Sept. 12, 2013) (“Diligence, not lack of prejudice, is the touchstone of the Rule 16(b)(4)

   inquiry.” (citations omitted)).

           Renewed motion for class certification. The determination to certify a class should be

   made “[a]t an early practicable time after a person sues or is sued as a class representative[.]” Fed.

   R. Civ. P. 23(c)(1)(A) (alterations added). Rule 23(c)(1)(C) permits a court to “alter[] or amend[]”

   its class certification order “before final judgment.” Id. (alterations added). Thus, after denying

   class certification, the trial court retains discretion over the decision of whether to “revisit the

   issue[,]” provided plaintiffs can “clarify and better support the need for class certification[.]”

   Hudson v. Delta Air Lines, Inc., 90 F.3d 451, 458 (11th Cir. 1996) (alterations added; footnote call

   number omitted). “The Eleventh Circuit has not established an exact standard for determining

   when to allow parties to revisit the issue of class certification after an initial denial thereof.” Terrill

   v. Electrolux Home Prods., Inc., 274 F.R.D. 698, 700 (S.D. Ga. 2011). 1

           Generally, however, district courts interpreting Rule 23(c)(1) revisit class certification only

   if “subsequent developments so require, upon a showing of new evidence or some other

   appropriate ground, or a demonstration of changed circumstances.” Id. (quotation marks omitted;



   1
     Other circuits have highlighted district courts’ broad discretion to consider renewed class
   certification motions. See In re Initial Pub. Offering Sec. Litig., 483 F.3d 70, 73 (2d Cir. 2007)
   (“District courts have ample discretion to consider (or to decline to consider) a revised class
   certification motion after an initial denial.” (collecting cases). But see Hargrove v. Sleepy’s LLC,
   974 F.3d 467, 470 (3d Cir. 2020) (holding the district court could not require “a change in
   controlling law, new evidence, or a clear error” in addition to the Rule 23 requirements when
   reviewing a renewed motion for class certification).

                                                       3
Case 1:21-md-02989-CMA Document 665 Entered on FLSD Docket 04/19/2024 Page 4 of 12

                                                         CASE NO. 21-02989-MDL-ALTONAGA/Reid

   collecting cases). This is so because “[c]ourts are generally reluctant to allow parties to have a

   second bite at the apple by relitigating issues that have already been decided, thereby incentivizing

   parties to put their best foot forward at the outset to avoid costly delays to the proceedings.” Rensel

   v. Centra Tech, Inc., No. 17-24500-Civ, 2019 WL 6170221, at *2 (S.D. Fla. Nov. 20, 2019)

   (alteration added; other alteration adopted; citation and quotation marks omitted).

          Conversely, “‘late amendments to assert new theories are not reviewed favorably when the

   facts and the theory have been known to the party seeking amendment since the inception of the

   cause of action.’” Cabrera v. Gov’t Emps. Ins. Co., No. 12-61390-Civ, 2015 WL 464237, at *5

   (S.D. Fla. Jan. 16, 2015) (quoting Mogel v. UNUM Life Ins. Co. of Am., 677 F. Supp, 2d 362, 365

   (D. Mass. 2009). In such cases, the proponent must demonstrate “‘some justification’” for filing

   another motion “‘and not simply a desire to have a second or third run at the same issues.’” Id.

   (quoting Hartman v. United Bank Card, Inc., 291 F.R.D. 591, 596–97 (W.D. Wash. 2013)).

                                           III. DISCUSSION

          Since the deadline to seek class certification has passed, and Plaintiffs have already

   requested and been denied class certification, they must demonstrate both good cause to extend

   the Scheduling Order deadline under Rule 16(b) and that the circumstances are such that a renewed

   class certification motion is appropriate under Rule 23(c)(1). See, e.g., Stockinger v. Toyota Motor

   Sales, U.S.A., Inc., No. 17-cv-00035, 2020 WL 7314794, at *2 (C.D. Cal. Nov. 30, 2020)

   (collecting cases); see also O’Neill v. The Home Depot U.S.A., Inc., 243 F.R.D. 469, 482–83 (S.D.

   Fla. 2006) (applying Rule 16(b)’s good cause standard to a plaintiff’s motion for reconsideration

   of an order denying class certification where further amendments to the complaint would have

   required extension of deadlines in the scheduling order).

          Remarkably, the Motion makes no mention of Rule 23(c), the standards governing a

   renewed motion for class certification, Rule 16(b), or the standards governing the extension of

                                                     4
Case 1:21-md-02989-CMA Document 665 Entered on FLSD Docket 04/19/2024 Page 5 of 12

                                                          CASE NO. 21-02989-MDL-ALTONAGA/Reid

   scheduling order deadlines. (See generally Mot.). Instead, Plaintiffs merely ask for a briefing

   schedule and appear to assume their entitlement to presenting a renewed class certification motion.

   (See generally id.).

          After reviewing the Motion and observing these deficiencies, the Court advised the parties

   that “[i]mplicitly, the Motion seeks leave of Court to file a renewed motion for class certification,

   since the deadline to seek class certification passed long ago.” (Dec. 28, 2023 Order [ECF No.

   626] (alteration added; citing Scheduling Order 1–2)).            Following the Court’s directive,

   Robinhood’s Response discusses both the standard for renewed class certification and the Rule

   16(b) standard, insisting that Plaintiffs satisfy neither. (See generally Resp.). To the Court’s

   surprise, despite Robinhood’s arguments and the Court’s overt statement that the deadline to seek

   class certification had passed, Plaintiffs’ Reply makes only passing reference to the Rule 16(b)

   standard. (See generally Reply). Rather than address this salient issue, the Reply states only that

   Robinhood’s Rule 16(b) arguments “lack[] merit” because Robinhood would not be prejudiced by

   an extension and Robinhood’s untimely document production “provides good cause”; no further

   explanation or citation to any authority is provided. (Id. 13 (alteration added)). 2

          “The [] Scheduling Order is not a frivolous piece of paper, idly entered, which can be

   cavalierly disregarded by counsel without peril.” Gestetner Corp. v. Case Equip. Co., 108 F.R.D.

   138, 141 (D. Me. 1985) (alteration added). Plaintiffs’ failure to adequately brief this issue provides

   sufficient justification to deny the Motion. See Hewlett-Packard Co. v. CP Transp. LLC, No. 12-

   21258-Civ, 2012 WL 4795766, at *2 (S.D. Fla. Oct. 9, 2012) (“The onus is upon the parties to

   formulate arguments.” (alteration adopted; quotation marks and footnote call number omitted;



   2
    The Court uses the pagination generated by the electronic CM/ECF database, which appears in the headers
   of all court filings.


                                                      5
Case 1:21-md-02989-CMA Document 665 Entered on FLSD Docket 04/19/2024 Page 6 of 12

                                                          CASE NO. 21-02989-MDL-ALTONAGA/Reid

   quoting Resol. Tr. Corp. v. Dunmar Corp., 43 F.3d 587, 599 (11th Cir. 1995); other citation

   omitted)); McPherson v. Kelsey, 125 F.3d 989, 995–96 (6th Cir. 1997) (explaining that it is “not

   sufficient for a party to mention a possible argument in the most skeletal way, leaving the court to

   put flesh on its bones” (alteration adopted; quotation marks and citations omitted)).

           Nonetheless, the Court considers, under both Rules 16(b) and 23(c)(1), Plaintiffs’

   arguments as to why they should get a second shot at securing class certification. Plaintiffs appear

   to cite three justifications for being allowed to file a renewed motion: (1) Robinhood’s untimely

   discovery responses; (2) the novel issues in the case; and (3) the Court’s denial of class certification

   without prejudice. (See generally Reply).

           Untimely Discovery Responses. Plaintiffs first assert that, to lodge the modified fraud-on-

   the-market presumption argument, they require certain trading data — including purchase

   cancellation data Plaintiffs say will demonstrate price impact. (See id. 12–13). Plaintiffs explain

   they requested such data on September 30, 2022, but Robinhood did not even attempt to provide

   it until June 30, 2023, the day class certification briefing closed. (See id. 12; see also id., Ex. 1,

   Decl. Laurence M. Rosen [ECF No. 636-1] ¶¶ 3, 5). Even then, Plaintiffs state, they were forced

   to move to compel better responses to Plaintiffs’ requests, and Robinhood only produced the

   purchase cancellation data on January 5, 2024. (See Reply 12).

           According to Robinhood, Plaintiffs’ arguments are pretextual and should be denied, for

   several reasons: (1) Plaintiffs never before linked the purchase cancellation data to class

   certification in any conferrals or correspondence with Robinhood following the Court’s denial of

   class certification; (2) despite saying other data (specifically, data from the Financial Industry

   Regulatory Authority (“FINRA”)) separate from the cancellation data is also necessary to their

   expert’s opinions in support of the renewed motion, Plaintiffs only subpoenaed the data after they

   submitted their expert report on class certification; (3) Plaintiffs did not ask other brokers for

                                                      6
Case 1:21-md-02989-CMA Document 665 Entered on FLSD Docket 04/19/2024 Page 7 of 12

                                                          CASE NO. 21-02989-MDL-ALTONAGA/Reid

   internal cancellation data; (4) cancellation data is irrelevant to the analysis at issue; (5) Plaintiffs

   have failed to explain how the cancellation data is material to their proposed new argument; and

   (6) Plaintiffs do not explain why they could not have obtained the necessary data prior to the class

   certification deadline. (See Resp. 18 n.5; Sur-Reply 3–5).

           At bottom, Robinhood urges that Plaintiffs either made the tactical decision to not assert a

   modified fraud-on-the-market presumption argument or failed to exercise diligence in presenting

   the argument; either way, Robinhood argues, Plaintiffs’ references now to “new data” are mere

   subterfuge. (See Resp. 16–19; Sur-Reply 4–6). The Court agrees.

           Admittedly, when new evidence becomes available to plaintiffs seeking class certification,

   it does not appear that all courts applying Rule 23(c)(1) impose the sort of diligence requirement

   that Robinhood urges. For example, in Terrill, the court permitted the filing of a renewed class

   certification motion based on “new evidence” that was “belatedly obtained because [the defendant]

   did not produce the evidence until after the close of class certification discovery and after Plaintiffs

   had filed their original motion for class certification.” 274 F.R.D. at 701 (alteration added; citation

   omitted). Other courts have concluded differently, with one court holding evidence was not truly

   “new” where the plaintiff knew of the existence of the evidence well before filing the initial class

   certification motion — even though the evidence itself was produced only hours before the

   plaintiff filed the motion. See Karhu v. Vital Pharms., Inc., No. 13-60768-Civ, 2014 WL 3540811,

   at *2 (S.D. Fla. July 17, 2014).

           In any event, Plaintiffs’ argument does not pass muster under Rule 16(b).                 While

   Robinhood’s production of this purportedly necessary evidence was late, if this evidence was

   indeed “necessary” to their initial class certification briefing, Plaintiffs should have — but did

   not — move to compel production of it using the Court-ordered discovery dispute process. (See

   Scheduling Order 3–4). “In light of [Plaintiffs’] lack of diligence in protecting [their] rights, [their]

                                                      7
Case 1:21-md-02989-CMA Document 665 Entered on FLSD Docket 04/19/2024 Page 8 of 12

                                                         CASE NO. 21-02989-MDL-ALTONAGA/Reid

   attempt to [seek class certification] outside the time frame prescribed by the [S]cheduling [O]rder

   [is] not supported by good cause.” Sosa v. Airprint Sys., 133 F.3d 1417, 1419 (11th Cir. 1998)

   (alterations added).

           Further, the data is not evidence that “would not have been discovered in the exercise of

   reasonable diligence until after the [class certification] deadline had passed.” Donahay v. Palm

   Beach Tours & Transp., Inc., 243 F.R.D. 697, 699 (S.D. Fla. 2007) (alteration added; citation

   omitted). Quite the opposite. By their own admission, Plaintiffs knew of this evidence long before

   the class certification deadline and simply deemed it unimportant — until their class certification

   motion was denied. (See Resp. 7–13). Consequently, the Court is not persuaded that the late

   production of the purchase cancellation data provides good cause to extend the deadline to seek

   class certification.

           Novel Issues. Plaintiffs also assert that the novelty of the issues in this case justifies a

   second shot at class certification. (See Resp. 13–15). Plaintiffs provide no authority, however, to

   support the proposition that novelty alone justifies the filing of a second motion for class

   certification, and the Court can locate none. Further, Robinhood correctly points out that Plaintiffs

   fail to explain why they did not timely raise the modified fraud-on-the-market presumption. (See

   Sur-Reply 6).     The Court agrees with Robinhood that Plaintiffs’ “novelty” arguments are

   unavailing under Rules 16(b) and 23(c)(1).

           To start, under Rule 16(b), Plaintiffs cannot demonstrate diligence. The modified fraud-

   on-the-market theory mentioned by the Court in the November 13, 2023 Order derives from cases

   Plaintiffs cited throughout their class certification briefing. (See, e.g., Mot. Class Certification 22

   (citing Fezzani, 716 F.3d at 22–23); Reply in Support of Mot. Class Certification [ECF No. 585]

   21 (discussing Desai, 573 F.3d at 940)). Indeed, the law review article the Court cited, and which

   is now referenced by Plaintiffs, was mentioned in a footnote that Plaintiffs included in their original

                                                     8
Case 1:21-md-02989-CMA Document 665 Entered on FLSD Docket 04/19/2024 Page 9 of 12

                                                        CASE NO. 21-02989-MDL-ALTONAGA/Reid

   briefing. (See Reply in Support of Mot. Class Certification 20 (quoting Fezzani, 716 F.3d at 21

   n.2 (citing Korsmo, supra, at 1171))).

          Given that Plaintiffs plainly had access to the building blocks of the modified fraud-on-

   the-market presumption when they filed their Motion for Class Certification, it cannot be said that

   their failure to pursue that argument was “diligent.” Cf. Donley v. City of Morrow, 601 F. App’x

   805, 811 (11th Cir. 2015) (“A plaintiff lacks diligence when, prior to the scheduling order deadline,

   he either (1) had full knowledge of the information with which he later sought to amend his

   complaint, or (2) failed to seek the information he needed to determine whether to amend the

   complaint.” (citation omitted)); In re W. States Wholesale Natural Gas Antitrust Litig., 715 F.3d

   716, 737 (9th Cir. 2013) (“The good cause standard typically will not be met where the party

   seeking to modify the scheduling order has been aware of the facts and theories supporting

   amendment since the inception of the action.” (quotation marks omitted)). The novelty of the

   theory does not excuse this lack of diligence.

          Similarly, under Rule 23(c)(1), Plaintiffs’ decision not to pursue a novel and untested

   theory is not justification for Plaintiffs to change course now. Holding as much would depart from

   the well-established policy of disallowing renewed motions when the circumstances remain

   unchanged. See Rensel, 2019 WL 6170221, at *2. As Robinhood aptly puts it, the issues were

   just as novel then as they are now. (See Sur-Reply 5–6).

          Plaintiffs either made a strategic decision to not assert the theory or neglected to raise it.

   Either way, Rule 23(c)(1) does not permit a “second bite at the apple” to assert an argument

   previously available to Plaintiffs. Id. (quotation marks and citation omitted). Whether the theory

   is novel or not, the Court will not allow “a second . . . run at the same issues” because Plaintiffs

   made an unsuccessful tactical decision. Cabrera, 2015 WL 464237, at *5 (alteration added;

   quotation marks and citation omitted).

                                                    9
Case 1:21-md-02989-CMA Document 665 Entered on FLSD Docket 04/19/2024 Page 10 of 12

                                                       CASE NO. 21-02989-MDL-ALTONAGA/Reid

           In sum, there is a dearth of authority supporting Plaintiffs’ argument that the novelty of the

    issues justifies a renewed class certification motion, while there is substantial authority suggesting

    Plaintiffs’ failure to pursue an argument they knew or should have known of precludes an untimely

    renewed class certification motion under Rules 16(b) and 23(c)(1). Consequently, the Court rejects

    Plaintiffs’ argument that the novelty of the issues in this case justifies granting them leave to file

    a renewed class certification motion.

           Denial without prejudice. Plaintiffs’ last, half-hearted argument is that a renewed motion

    is appropriate simply because Plaintiffs’ initial Motion was denied without prejudice. (See Reply

    15). Robinhood insists that Plaintiffs must still overcome the strictures of Rules 16(b) and

    23(c)(1). (See Sur-Reply 6 n.5). Here again, the Court agrees with Robinhood.

           In support of their argument, Plaintiffs cite two cases. (See Reply 15 (citing Dunbar v.

    Google, Inc., No. 12-cv-003305, 2012 WL 6202797, at *10–11 (N.D. Cal. Dec. 12, 2012); Kanawi

    v. Bechtel Corp., 254 F.R.D. 102, 106 (N.D. Cal. 2008))). Both fail to persuade.

           Dunbar involved a district court judge interpreting the prior assigned judge’s ruling on

    plaintiff’s motion to amend his pleading and bring a new motion for class certification, which the

    prior judge denied without prejudice. See 2012 WL 6202797, at *5, *11–12. The court determined

    that the former judge intended for the plaintiff to have another chance at class certification and

    found that, under the circumstances, the plaintiff demonstrated that leave to amend his class

    definition was warranted. See id. at *12–22. Notably, this analysis supports Robinhood’s position,

    not Plaintiffs’. While the court in Dunbar found the prior judge’s denial without prejudice implied

    he intended for plaintiff to have another chance at class certification, the court conducted a

    thorough analysis under Rule 15(a) to determine whether amendment was appropriate. See

    generally id. In other words, the denial without prejudice was insufficient to justify granting the



                                                     10
Case 1:21-md-02989-CMA Document 665 Entered on FLSD Docket 04/19/2024 Page 11 of 12

                                                      CASE NO. 21-02989-MDL-ALTONAGA/Reid

    plaintiff’s motion, which also needed to satisfy Rule 15(a). Likewise, Plaintiffs must satisfy Rules

    16(b) and 23(c)(1).

           Kanawi is even less convincing. There, the court denied the plaintiffs’ motion for class

    certification without prejudice so they could take additional discovery necessary to support a

    renewed motion. See Kanawi, 254 F.R.D. at 106. There was no indication that, as here, the

    defendant opposed the plaintiffs’ request to file a renewed motion, or that the filing of a renewed

    motion was past a court-ordered deadline. See generally id. Moreover, here, the undersigned’s

    denial of Plaintiffs’ Motion was not premised on a finding that Plaintiffs were entitled to further

    discovery. (See generally Nov. 13, 2023 Order).

           In short, the Court’s denial of class certification without prejudice does not relieve

    Plaintiffs of the obligation to comply with the Scheduling Order, Rule 16(b), and Rule 23(c)(1).

                                          IV. CONCLUSION

           A scheduling order “control[s] the subsequent course of the action” absent court

    modification. Fed. R. Civ. P. 16(e) (alteration added). In this case, nothing in the Court’s

    November 13, 2023 Order amended the Scheduling Order’s deadline for seeking class

    certification. (See generally Nov. 13, 2023 Order). Since Plaintiffs have not demonstrated good

    cause to extend the deadlines in the Scheduling Order, they may not file a renewed class

    certification motion. Accordingly, it is

           ORDERED AND ADJUDGED that Lead Plaintiff, Blue Laine-Beveridge; Named

    Plaintiffs, Abraham Huacuja, Ava Bernard, Brendan Clarke, Brian Harbison, Cecilia Rivas, Doi

    Nguyen, Joseph Gurney, Marcel Poirier, Sandy Ng, Santiago Gil Bohórquez, and Thomas Cash’s

    Unopposed Motion for a Briefing Schedule [ECF No. 624] is DENIED.




                                                    11
Case 1:21-md-02989-CMA Document 665 Entered on FLSD Docket 04/19/2024 Page 12 of 12

                                              CASE NO. 21-02989-MDL-ALTONAGA/Reid

          DONE AND ORDERED in Miami, Florida, this 18th day of April, 2024.



                                          ________________________________________
                                          CECILIA M. ALTONAGA
                                          CHIEF UNITED STATES DISTRICT JUDGE
    cc:   counsel of record




                                            12


File and source

File
gov.uscourts.flsd.590042.665.0.pdf
Size
239,285 bytes
SHA-256
d44b06d008559091fa5de78104025327c953e71fd8831085d2fcc4e10b7dbb93
Our copy
gov.uscourts.flsd.590042.665.0.pdf
Original
archive.org
Back to top