Cueto sets deadlines leading up to March certification hearing in Locklear case

Amelia Flood Dec. 22, 2010, 3:34am


A timeline for defendant Florissant Injury and Pain Relief Center to respond to a March 24 class certification hearing in St. Clair County has been set by Circuit Judge Lloyd Cueto.

Cueto signed an order last month outlining next steps in a case filed by Wood River-based Locklear Electric over alleged violations of a telecommunication law regarding faxed advertisements.

The faxes allegedly cost the plaintiffs money in the form of paper and ink.

According to Locklear's motion for class certification, a class could include more than 10,000 members who allegedly received an unwanted faxed ad from the Missouri-based chiropractic clinic on Sept. 18, 2005.

Locklear has filed a number of nearly identical class actions in both Madison and St. Clair County.

Locklear recently moved for a default judgment in another class action pending in Madison County before Madison County Circuit Judge Andreas Matoesian.

Florissant has until Feb. 24 to respond to the class certification move.

Both sides are then required to complete the bulk of the remaining discovery in the case by Jan. 24.

Robert Sprague represents Locklear.

Kevin Schnurbusch represents Florissant.

St. Clair County Circuit Judge Robert LeChien has also made rulings in the case.

The case is St. Clair case number 09-L-454.

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