Although the District Court granted the insurance company's motion to strike class claims from the complaint at the pleading stage in Hockenbury v. Hanover Ins. Co., No. CIV-15-1003-D, 2016 WL 552967, at *3 (W.D. Okla. February 10, 2016), the Court also gave the plaintiff leave to amend his complaint to allege a more plausible class if he could.
The Court in that case held that to rule otherwise would be "premature, at this juncture":
Nonetheless, the Court is not convinced Hockenbury is or will be unable to establish facts that would make class treatment appropriate; therefore, he is granted leave to amend his class allegations…. [T]he Court believes it is not practical to address [Hanover's substantive] arguments at this stage of the litigation, where an ascertainable class has not even been properly defined.
Hockenbury v. Hanover Ins. Co., No. CIV-15-1003-D, 2016 WL 552967, at *4 (W.D. Okla. February 10, 2016).
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