Cain et al v. Redbox Automated Retail, LLC
Filing
26
OPINION and ORDER denying Plaintiffs' 2 Motion for Class Certification. Signed by District Judge Gerald E. Rosen. (JOwe)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHELLE CAIN and RADHA SAMPAT,
individually, and on behalf of all others
similarly situated
Plaintiffs,
No. 2:12-cv-15014
Hon. Gerald E. Rosen
vs.
REDBOX AUTOMATED RETAIL, LLC, a
Delaware Limited Liability Company,
Defendant.
___________________________________/
OPINION AND ORDER DENYING PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION
Concurrent with their Complaint, Plaintiffs filed -- without an accompanying
brief -- a Motion for Class Certification. (Plf’s Mtn., Dkt. # 2). In so doing,
Plaintiffs requested that this Court “enter and continue the instant motion until
after the completion of discovery on class wide issues, at which time Plaintiffs will
submit a fulsome memorandum of points and authorities in support of class
certification.” (Id. at 1). Plaintiffs filed this motion “to prevent Defendant from
attempting a so-called ‘pick off’ to moot their representative claims.” (Id. at 1
n.1). Cf Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013) (Fair Labor
1
Standards Act collective action was not justiciable when the lone plaintiff’s
individual claim became moot).
Defendant has now filed a Motion to Dismiss Plaintiff’s Complaint pursuant
to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (Def’s Mtn., Dkt. # 22).
Because Plaintiff’s initial Motion for Class Certification is not fully briefed by
either party and because resolution of Defendant’s pending dispositive motion will
potentially resolve this matter, Plaintiff’s Motion for Class Certification is
premature. If this Court resolves Defendant’s pending motion in Plaintiffs’ favor,
it will hold a scheduling conference -- at which time the parties should be prepared
to discuss discovery and class certification issues.
For all of the foregoing reasons,
IT IS HEREBY ORDERED that Plaintiffs’ Motion for Class Certification is
DENIED without prejudice because it is premature
IT IS SO ORDERED.
Dated: September 13, 2013
s/Gerald E. Rosen
GERALD E. ROSEN
CHIEF, U.S. DISTRICT COURT
I hereby certify that a copy of the foregoing document was mailed to the attorneys
of record on this date, September 13, 2013, by electronic and/or ordinary mail.
s/Julie Owens
Case Manager, 313-234-5135
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?