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Scaggs v. New York State Department of Education

United States District Court, E.D. New York
Mar 31, 2009
06-CV-799 (RRM) (WDW) (E.D.N.Y. Mar. 31, 2009)

Summary

finding the plaintiff failed to show typicality where they did not provide "a single piece of evidence that potential class members at the other schools shared experiences similar to those that allegedly occurred" at the defendant school

Summary of this case from Nourse v. Cnty. of Jefferson

Opinion

06-CV-799 (RRM) (WDW).

March 31, 2009


ORDER


By Motion filed March 14, 2008, Plaintiffs moved for class certification pursuant to Federal Rule of Civil Procedure 23. By Order entered November 7, 2008, this Court referred that motion to the assigned Magistrate Judge, the Honorable William D. Wall, for a Report and Recommendation. On March 16, 2009, Judge Wall issued a Report and Recommendation (the "R R") that Plaintiffs' motion be denied. Judge Wall reminded the parties that, pursuant to Rule 72(b), any objection to the R R was due "within 10 days." Neither party has filed any objection.

Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has reviewed the R R for clear error and, finding none, concurs with the R R in its entirety. See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007). Accordingly, it is hereby ORDERED that Plaintiffs' motion for class certification is DENIED.

SO ORDERED.


Summaries of

Scaggs v. New York State Department of Education

United States District Court, E.D. New York
Mar 31, 2009
06-CV-799 (RRM) (WDW) (E.D.N.Y. Mar. 31, 2009)

finding the plaintiff failed to show typicality where they did not provide "a single piece of evidence that potential class members at the other schools shared experiences similar to those that allegedly occurred" at the defendant school

Summary of this case from Nourse v. Cnty. of Jefferson

explaining that, while differences in the amount of damages suffered by individual class members may not defeat class certification, "'where demonstrating the fact of damage requires more individualized proof, courts will decline class certification.'"

Summary of this case from Ackerman v. Coca-Cola Co.
Case details for

Scaggs v. New York State Department of Education

Case Details

Full title:STEVEN SCAGGS, et al., Plaintiffs, v. NEW YORK STATE DEPARTMENT OF…

Court:United States District Court, E.D. New York

Date published: Mar 31, 2009

Citations

06-CV-799 (RRM) (WDW) (E.D.N.Y. Mar. 31, 2009)

Citing Cases

Nourse v. Cnty. of Jefferson

Thus, there is no basis for finding that Plaintiff has shown typicality. Scaggs v. New York State Dep't of…

Ackerman v. Coca-Cola Co.

McLaughlin, 522 F.3d at 231 (citation omitted). See also Scaggs v. N.Y. State Dep't of Educ., 06 CV 799, 2009…