KALOW & SPRINGUT, LLP v. COMMENCE CORPORATION

Filing 89

ORDER granting Pltf's 78 Renewed Motion to Certify Class as to the NJ Consumer Fraud Act. The Court hereby CERTIFIES the following class with respect to Count II of the Amended Complaint: "all of the networked users of Commence software who suffered damages when the software stopped working on March 20, 2006." Signed by Judge Joseph E. Irenas on 12/7/2012. (drw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
KALOW & SPRINGUT, LLP, on
behalf of itself and others
similarly situated,
Plaintiff,
v.
COMMENCE CORPORATION,
Defendant.

:
HONORABLE JOSEPH E. IRENAS
: CIV. ACTION NO. 07-3442 (JEI/AMD)
:
:
ORDER GRANTING PLAINTIFF’S
:
RENEWED MOTION TO CERTIFY
:
THE CLASS AS TO THE NEW
:
JERSEY CONSUMER FRAUD ACT
:
CLAIM (Docket # 78)
:
:
:

APPEARANCES:
COHN LIFLAND PEARLMAN HERRMANN & KNOPF LLP
By: Peter S. Pearlman, Esq.
Park 80 Plaza West One
Saddle Brook, New Jersey 07663
and
MILLER LAW LLC
By: Marvin A. Miller, Esq.
Matthew E. Van Tine, Esq.
115 S. LaSalle St., Suite 2910
Chicago, Illinois 60603
Counsel for Plaintiff
MARGOLIS EDELSTEIN
By: Bruce Barrett, Esq.
100 Century Parkway, Suite 200
P.O. Box 5082
Mount Laurel, New Jersey 08056
Counsel for Defendant

IRENAS, Senior District Judge:
This matter having come before the Court upon Plaintiff’s
Renewed Motion for Class Certification of the New Jersey Consumer
Fraud Act claim (Count II of the Amended Complaint), the Court
having considered the submissions of the parties, and for the

reasons set forth in an Opinion issued on even date herewith, as
well as the Court’s prior Opinion dated February 28, 2011 (Docket
Entry # 53), which findings of fact and conclusions of law are
incorporated herein by reference, and for good cause appearing,

IT IS on this 7th day of December, 2012
ORDERED THAT:
Plaintiff’s Renewed Motion to Certify the Class as to the New
Jersey Consumer Fraud Act claim (Docket #78) is hereby
GRANTED.

The Court hereby CERTIFIES the following class with

respect to Count II of the Amended Complaint: “all of the
networked users of Commence software who suffered damages when
the software stopped working on March 20, 2006.”

s/ Joseph E. Irenas
JOSEPH E. IRENAS, S.U.S.D.J.

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