§Why CasetextPricing

Franco v. Allied Interstate LLC

MEMORANDUM DECISION & ORDER denying 42 Motion to Certify Class; granting 64 Motion to Dismiss. For the reasons stated above, plaintiff's motion for class certification is DENIED and defendant's motion to dismiss is GRANTED. The Clerk of Court is directed to close the motions at ECF Nos. 42 and 64 and to terminate this action.

23 Cited authorities

  1. Genesis Healthcare Corp. v. Symczyk

    569 U.S. 66 (2013)   Cited 1,612 times   97 Legal Analyses
    Holding that a case is moot if "an intervening circumstance deprives the plaintiff of a personal stake in the outcome of the lawsuit"

  2. County of Riverside v. McLaughlin

    500 U.S. 44 (1991)   Cited 1,754 times   11 Legal Analyses
    Holding that detentions of more than 48 hours without a judicial determination of probable cause are presumptively unconstitutional

  3. United States Parole Comm'n v. Geraghty

    445 U.S. 388 (1980)   Cited 2,013 times   10 Legal Analyses
    Holding even a named plaintiff whose individual claims are moot retains a "personal stake" in representing the class jurisdictionally sufficient to appeal the denial of class certification

  4. Powell v. McCormack

    395 U.S. 486 (1969)   Cited 3,054 times   1 Legal Analyses
    Holding that the obviation of the petitioner's claim for injunctive relief did not render the whole case moot, when a damages claim for backpay remained

  5. Makarova v. U.S.

    201 F.3d 110 (2d Cir. 2000)   Cited 3,952 times
    Holding that legal issues presented by Rule 12(b) motion are reviewed de novo

  6. Sosna v. Iowa

    419 U.S. 393 (1975)   Cited 1,733 times   9 Legal Analyses
    Holding that the requisite Article III "case or controversy" may exist "between a named defendant and a member of the class represented by the named plaintiff, even though the claim of the named plaintiff has become moot"

  7. Deposit Guaranty Nat. Bank v. Roper

    445 U.S. 326 (1980)   Cited 987 times   23 Legal Analyses
    Holding that denial of class certification is appealable after entry of final judgment

  8. Aurecchione v. Schoolman Transp. System

    426 F.3d 635 (2d Cir. 2005)   Cited 854 times   2 Legal Analyses
    Holding that a plaintiffs complaint survived Rule 12(b) dismissal where the plaintiff "made a colorable pleading of subject matter jurisdiction upon which the district court could have relied to adjudicate the complaint"

  9. Amidax Trading Group v. S.W.I.F.T. SCRL

    671 F.3d 140 (2d Cir. 2011)   Cited 518 times
    Holding that a court may look to documents attached to the complaint to determine whether an allegation should be "accepted as true"

  10. Hoffmann v. Sbarro, Inc.

    982 F. Supp. 249 (S.D.N.Y. 1997)   Cited 564 times
    Holding there is “no question, therefore, that plaintiffs have shown a factual nexus between their situation and the situation of other current and former” employees where defendant admitted it had a uniform policy regarding them all

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,981 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 14,998 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  13. Section 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,112 times   65 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices

  14. Rule 68 - Offer of Judgment

    Fed. R. Civ. P. 68   Cited 3,840 times   163 Legal Analyses
    Granting costs incurred after plaintiff rejected less favorable offer by defendant