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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

TARA FARRELL, HENLY VELARDE, and 

DOUGLAS WELLS, individually and on 

behalf of all others similarly situated,

Plaintiffs,

v. 

NEW MILLENNIUM CONCEPTS, LTD.,

Defendant.

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Case No. 3:22-cv-00728-M 

JOINT REPORT RE: CLASS CERTIFICATION

Plaintiffs Tara Farrell, Henly Velarde, and Douglas Wells (“Plaintiffs”) and Defendant 

New Millennium Concepts, Ltd. (“Defendant”) (Plaintiffs and Defendant, collectively, the 

“Parties”) respectfully submit this Joint Report regarding class certification pursuant to the

Scheduling Order issued on September 27, 2023 (ECF 69). 

Under the current Scheduling Order, the deadline for Plaintiffs to file their class 

certification motion is January 18, 2024 (see ECF 69). On October 13, 2023, Defendant filed a 

Motion to Strike Class Allegations (ECF 70). Plaintiffs filed their response in opposition on 

November 4, 2023 (ECF 71). Defendant’s Reply in support thereof is currently due on November 

17, 2023. No other motions are currently pending. 

Plaintiffs’ Position. Plaintiffs believe that the Court’s ruling on Defendant’s pending 

motion to strike will have a significant impact on their motion for class certification. In light of 

the recent motion practice, Plaintiffs request the deadlines related to Plaintiffs’ motion for class 

certification are held in abeyance until the resolution of Defendant’s pending motion to strike, or 
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in the alternative, the Court’s hearing on the pending motion to strike is held at the same time as 

the hearing on the forthcoming motion for class certification. 

Defendant’s Position. Defendant opposes any modification of the Court’s September 27, 

2023 Scheduling Order. This is the Plaintiffs’ second attempt in less than two months to extend 

their deadlines to seek class certification, and it should be rejected. 

Defendant’s Motion to Strike is intended to streamline the issues, not extend the process. 

Plaintiffs ask the Court to make a false choice – shut the case down pending a ruling, or defer 

consideration of the motion until the class certification hearing. But neither is required, or even 

appropriate. Defendant’s Motion to Strike will be fully briefed on November 17th and ripe for 

decision at the Court’s convenience. Regardless of the Court’s ruling, the Plaintiffs will still be 

seeking to certify a class of some form, and they have no basis to request that their deadlines be 

extended, again. The Scheduling Order should remain unchanged. 

Date: November 9, 2023 

CLARKSON LAW FIRM, P.C.

/s/ Katherine A. Bruce 

Ryan J. Clarkson (Pro Hac Vice)

rclarkson@clarksonlawfirm.com 

Katherine A. Bruce (Pro Hac Vice)

kbruce@clarksonlawfirm.com 

Kelsey J. Elling (Pro Hac Vice)

kelling@clarksonlawfirm.com

22525 Pacific Coast Highway

Malibu, CA 90265

Tel: 213-788-4050

Fax: 213-788-4070

EDWARDS LAW

Mike Singley, Esq. (SBN 00794642) 

mike@edwards-law.com 603 W. 17th Street 

Austin, TX 78701 

Tel: 512-623-7727 

Fax: 512-623-7729 

LOVINS TROSCLAIR, P.L.L.C.

Kenneth P. Trosclair, Esq. (SBN 24033548)
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pete@lovinslaw.com

12700 Park Central Dr., Suite 520 

Dallas, TX 75251 

Tel: 214-484-1930 

Fax: 214-972-1047 

 

Attorneys for Plaintiffs

Date: November 9, 2023 HAYNES AND BOONE, LLP

/s/ Ronald W. Breaux Ronald W. Breaux, Esq. 

State Bar No. 02937200 

ron.breaux@haynesboone.com 

Benjamin G. Goodman, Esq. 

State Bar No. 24091433 

benjamin.goodman@haynesboone.com 

Benjamin B. Breckler, Esq. 

State Bar No. 24121922 

benjamin.breckler@haynesboone.com 

2801 N. Harwood St., Suite 2300 

Dallas, TX 75201 

Tel: (214) 651-5000 

 Attorneys for Defendant 
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CERTIFICATE OF SERVICE

I hereby certify that on November 9, 2023, I electronically submitted the foregoing 

documents with the clerk of the court for the U.S. District Court, Northern District of Texas, using 

the electronic case filing system of the court. The electronic case filing system sends a “Notice of 

Electronic Filing” to all counsel who have consented in writing to accept this Notice as service of 

this document by electronic means.

Date: November 9, 2023 By: /s/ Katherine A. Bruce 

 Katherine A. Bruce