Free Motion to Certify Class - District Court of Colorado - Colorado

Case 1:00-cv-01841-LTB-KLM

Document 205

Filed 05/14/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-cv-01841-LTB-PAC RICKY EUGENE CLARK, on behalf of himself and all others similarly situated, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois Corporation, Defendant

MOTION FOR CLASS CERTIFICATION ______________________________________________________________________________

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Case 1:00-cv-01841-LTB-KLM

Document 205

Filed 05/14/2007

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1.

Pursuant to Fed. R. Civ. P. 23, Plaintiff Ricky Eugene Clark and proposed

intervenor Plaintiffs Roy McIntosh, Florinda Reed and Matthias Hobza (collectively, "Plaintiffs"), move the Court for certification of the following Class: All pedestrians who received No-Fault benefits under a Colorado State Farm automobile insurance policy where the governing policy documents at the time of the accident were issued prior to January 1, 1999. Excluded from the Class are all State Farm executives, their legal counsel, and their immediate family members, the Court and its staff, and all employees of proposed Class Counsel. 2. 3. This motion is fully supported by the accompanying brief. Pursuant to L.R. 7.1, Plaintiffs' counsel sought concurrence from Defendant.

Defendant's counsel did not consent to the relief sought.

Respectfully submitted this 14th day of May, 2007. . s/ Robert B. Carey Robert B. Carey Leif Garrison The Carey Law Firm 2301 East Pikes Peak Colorado Springs, CO 80909 Telephone: (719) 635-0377 L. Dan Rector Franklin D. Azar & Associates, P.C. 5536 Library Lane Colorado Springs, CO 80918 Telephone: (719) 527-8000 Andrew M. Volk Hagens Berman Sobol Shapiro LLLP 1301 Fifth Avenue, Suite 2900 Seattle, WA 98101 Telephone: (206) 623-7292 Attorneys for Plaintiff and intervenor Plaintiffs

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Case 1:00-cv-01841-LTB-KLM

Document 205

Filed 05/14/2007

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 14th day of May, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses: [email protected] [email protected] s/Robert B. Carey Robert B. Carey Leif Garrison The Carey Law Firm 2301 East Pikes Peak Colorado Springs, CO 80909 Telephone: (719) 635-0377

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