Dunstan et al v. comScore, Inc.

Filing 152

MOTION by Plaintiffs Jeff Dunstan, Mike Harris to certify class Supplemental Motion for Class Certification Responses due by 2/12/2013 (Balabanian, Rafey)

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  IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION MIKE HARRIS and JEFF DUNSTAN, individually and on behalf of a class of similarly situated individuals, ) ) ) ) Plaintiffs, ) ) v. ) ) COMSCORE, INC., a Delaware corporation, ) ) Defendant. ) __________________________________________) Case No. 1:11-5807 Hon. James F. Holderman Magistrate Judge Kim PLAINTIFFS’ SUPPLEMENTAL MOTION FOR CLASS CERTIFICATION Plaintiffs Mike Harris and Jeff Dunstan (“Plaintiffs”), on behalf of themselves and the Class and Subclass (as defined below), through their undersigned counsel, respectfully move this Court to enter an Order certifying this case as a class action pursuant to Federal Rule of Civil Procedure 23(b)(3). In support of their supplemental motion, Plaintiffs state as follows: 1. Plaintiffs filed this putative class action lawsuit against Defendant comScore, Inc. (“comScore”) on August 23, 2011. (Dkt. 1.) On the same day, Plaintiffs also filed their initial Motion for Class Certification, which, among other things, sought leave to file a supplemental motion for class certification after the close of class discovery. (Dkt. 2.) 2. On March 15, 2012, the Court granted Plaintiffs’ request to file a supplemental motion in support of class certification, (Dkt. 98), and subsequently set January 15, 2013 as the deadline to file the motion, (Dkt. 137). 3. Accordingly, Plaintiffs hereby move the Court, pursuant to Fed. R. Civ. P. 23(b)(3), to certify the following Class and Subclass: Class: All individuals who have had, at any time since 2005, downloaded and installed comScore’s tracking software onto their computers via one of 1     comScore’s third party bundling partners. Subclass: All Class members not presented with a functional hyperlink to an end user license agreement before installing comScore’s software onto their computers. 4. As discussed in Plaintiffs’ contemporaneously-filed Memorandum in Support of their Supplemental Motion for Class Certification, the Class and Subclass are sufficiently numerous, face common legal and factual issues, feature claims that are typical of the named Plaintiffs, and are adequately represented by both the Plaintiffs and their counsel. Further, the common questions of law and fact predominate over any questions affecting only individual Class or Subclass members and the class action mechanism is superior to other available methods for fairly and efficiently adjudicating this controversy. Accordingly, the Class and Subclass are readily certifiable under Rule 23(b)(3). 5. Plaintiffs hereby incorporate their contemporaneously-filed Memorandum in Support of their Supplemental Motion for Class Certification, along with all arguments made and authorities cited therein. WHEREFORE, Plaintiffs Jeff Dunstan and Mike Harris respectfully request that the Court enter an Order (a) granting their Supplemental Motion for Class Certification, (b) certifying the Class and Subclass pursuant to Federal Rule of Civil Procedure 23(b)(3), (c) appointing Plaintiffs Dunstan and Harris as representatives of the Class and Plaintiff Harris as representative of the Subclass, (d) appointing Plaintiffs’ counsel, Jay Edelson and Rafey S. Balabanian, as Class Counsel, and (e) awarding such additional and further relief as this Court deems necessary and appropriate. 2     Dated: January 15, 2013 Respectfully submitted, MIKE HARRIS AND JEFF DUNSTAN, INDIVIDUALLY AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED INDIVIDUALS, By: /s/ Rafey S. Balabanian One of their attorneys Jay Edelson Rafey S. Balabanian Ari J. Scharg Chandler Givens Benjamin S. Thomassen EDELSON MCGUIRE, LLC 350 North LaSalle, Suite 1300 Chicago, Illinois 60654 Telephone: (312) 589-6370 jedelson@edelson.com rbalabanian@edelson.com ascharg@edelson.com cgivens@edelson.com bthomassen@edelson.com 3     CERTIFICATE OF SERVICE I, Rafey S. Balabanian, an attorney, certify that on January 15, 2013, I served the above and foregoing Plaintiffs’ Supplemental Motion for Class Certification, by causing true and accurate copies of such paper to be filed and transmitted to all counsel of record via the Court’s CM/ECF electronic filing system, and further by causing true and accurate copies of such paper to be transmitted to all counsel of record via electronic mail, all on this the 15th day of January, 2013. /s/ Rafey S. Balabanian 4  

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