Keepseagle v. Johanns

MEMORANDUM OPINION

SULLIVAN, District Judge.

Pending before the Court is the Ft. Bert-hold Movants’ (hereinafter “movants”) fifth motion to opt out and plaintiffs motion for class certification of economic relief claims. A motions hearing was held on November 10, 2005. The Court considered the motions, the oppositions and replies thereto, the entire record and the relevant statutory and case law. On November 10, 2005, the Court found the movants’ claims to be sufficiently distinct from those of the plaintiff class under Federal Rule of Civil Procedure 23 and the holding of Eubanks v.…