Filed July 21, 2015
A Named Plaintiff with No Stake in the Litigation Cannot Represent a Class After Plaintiff’s claim is rendered moot by the entry of judgment, Plaintiff cannot adequately represent the purported class because “a class action cannot be maintained unless there is a named plaintiff with a live controversy both at the time the complaint is filed and at the time the class is certified.” Swan, 635 F.2d at 102 n. 6 (2d Cir. 1980). Rule 23(a)(4) requires that a class representative have sufficient interest in the outcome of the case to “fairly and adequately protect the interests of the class” and to “vigorously pursu[e] the claims of the class.”
Filed August 8, 2005
None of those decisions involved the dismissal of the named plaintiff's claim on the merits and the court's loss of Article III jurisdiction . Swan v. Stoneman, 635 F.2d 97, 102 n .6 (2d Cir . 1980), and Diduck v . Kaszycki & Sons Contractors, Inc .
Filed August 8, 2005
Moreover, a controversy still remains between Defendants and the class and the case therefore should continue under the direction of the Intervenors. See Swan v. Stoneman, 635 F.2d 97, 99, 102 n.6 (2d Cir. 1980) (intervention was allowed under Rule 24(b) Case 1:02-cv-03089-ILG-RLM Document 69 Filed 08/08/05 Page 9 of 11 DOCS\296315v1 6 in a class action where a live controversy continued to exist between the putative class and the defendants). As set forth herein, all of the elements necessary for intervention are present and there are strong policy considerations favoring intervention.
Filed April 2, 2014
"[A] class action cannot be maintained unless there is a named plaintiff with a live controversy both at the time the complaint is filed and at the time the class is certified." Swan v. Stoneman, 635 F.2d 97, 102 n.6 (2d Cir. 1980). Accordingly, plaintiffs motion to certify a class is denied.
Filed October 12, 2012
Comer v. Cisneros, 37 F.3d 775, 798 (2d Cir. 1994) (citing Board of Sch. Comm’rs of Indianapolis v. Jacobs, 420 U.S. 128, 129-30 (1975)); see also Swan v. Stoneman, 635 F.2d 97, 102 n.6 (2d Cir. 1980) (“As a general rule, a class action cannot be maintained unless there is a named plaintiff with a live controversy both at the time the complaint is filed and at the time the class is certified.”).