Rippee

ORDER DENYING PLAINTIFF’S REQUESTS FOR CLASS SURVEY AND LAST KNOWN ADDRESS AND TELEPHONE NUMBER OF MEMBERS OF THE PROPOSED CLASS IN CONNECTION WITH EXPEDITED DISCOVERY ON THE AMOUNT IN CONTROVERSY

On July 5, 2005, Defendant Boston Market Corporation removed this action pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1332 (d)(2) (“CAFA”). On July 12, 2005, the Court issued an Order to Show Cause (“OSC”) why the case should not be remanded for lack of jurisdiction. After conducting a hearing on the OSC, the Honorable Barry Ted Moskowitz ordered the parties to engage in limited expedited discovery over the course of ninety days on the issue of the amount in controversy, and to attend a discovery conference before Magistrate Judge Jan M. Adler.

This Court required the parties to meet and confer in advance of the discovery conference and submit a joint statement regarding the proposed scope of discovery pertaining to the amount in controversy. Rather than submitting a joint statement as ordered by the Court, the parties submitted separate statements to the Court on August 31, 2005. During the course of the Discovery Conference, held on September 7, 2005, this Court…