CASARETTI et al v. USA

Filing 214

UNREPORTED ORDER granting 210 Motion to Certify Class; on 210 Supplemental MOTION to Certify Class Plaintiff's Motion to Reopen Class Certification filed by FEDERAL AIR MARSHALS 6500 TO 10000, J. CASARETTI. Signed by Senior Judge Victor J. Wolski. (pga) Service on parties made.

In the United States Court of Federal Claims
No. 15-294C
(Filed October 23, 2024)
NOT FOR PUBLICATION

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J. CASARETTI, et al.,
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Plaintiffs,
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v.
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THE UNITED STATES,
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Defendant.
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ORDER
Plaintiffs have filed a motion to reopen class certification to allow 226
additional current-or-former Federal Air Marshals to join the present class. See
ECF No. 210 at 4. The Court initially certified the present class in May 2020. See
ECF Nos. 91, 94. Plaintiffs’ counsel filed a revised notice of collective action on
June 23, 2020. ECF No. 101. The opt-in window closed ninety days thereafter. See
ECF No. 100.
“An order that grants or denies class certification may be altered or amended
before final judgment.” Rule 23(c)(1)(C) of the Rules of the United States Court of
Federal Claims (RCFC). The government “do[es] not object, in principle, to the
plaintiffs’ request at this time.” ECF No. 212 at 1. Its non-opposition is based on
the understanding that it can subsequently move to dismiss the claims of any of
these prospective class members whose circumstances differ from that represented
in the motion. Id. at 2. The Court is persuaded that it is appropriate in this
instance to allow the identified 226 individuals to opt into the class by filing written
consents after the deadline, avoiding the inefficiencies involved with the filing of a
new case.
Accordingly, the motion is GRANTED and leave is hereby given plaintiffs to
file the written consent forms of these 226 individuals, so that the latter may join
the class in this case. The Court also draws plaintiffs’ attention to the relatively

new rule of our court, effective July 31, 2023, requiring that counsel confer before
such motions are filed. See RCFC 7.3(a).

IT IS SO ORDERED.

s/ Victor J. Wolski
VICTOR J. WOLSKI
Senior Judge

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