ABDUL-AZIZ et al v. LANIGAN et al

Filing 46

MEMORANDUM AND ORDER that the 38 Motion for Class Certification is DENIED WITHOUT PREJUDICE; that, if appropriate, Plaintiffs may request to renew their motion for class certification after Plaintiffs submit their responses to the Courts December 12, 2016 Order; that the Clerk of the Court shall send a copy of this Memorandum and Order to Plaintiffs Abdul-Aziz, Pasha, McCray, and Rashid at the addresses on file.. Signed by Judge Freda L. Wolfson on 12/20/2016. (mmh)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
SHAROB ABDUL-AZIZ, et al.,

Civil Action No. 14-2026 (FLW)

Plaintiff,
v.

MEMORANDUM AND ORDER

GARY M. LANIGAN, et al.,

Defendants.

This matter has been opened to the Court by a motion for class certification pursuant to
Federal Rule of Civil Procedure 23 submitted by Plaintiffs Charles Rashid, Ibn Pasha, and
William McCray. It appearing that:
1. There are currently four individual Plaintiffs joined in this action – Plaintiffs Rashid,
Pasha, McCray, and Plaintiff Sharob Abdul-Aziz. On December 12, 2016, the Court issued a
Memorandum and Order (ECF No. 45), striking the document titled “Sharob Abdul-Aziz
Independently file [sic] Amended Complaint” submitted by Plaintiff Sharob Abdul-Aziz (ECF
No. 31), and denying without prejudice the motion to amend submitted by Plaintiffs Pasha,
McCray, and Rashid. (ECF No. 37 at Ex. 1). The Court found that Plaintiffs could not proceed
with two operative complaints in a single action and ordered Plaintiffs to notify the Court within
45 days as to whether they intend to remain joined together as Plaintiffs in a single action. (ECF
No. 45.) The Court further ordered that to the extent Plaintiffs Abdul-Aziz, Pasha, McCray, and
Rashid intended to remain joined as Plaintiffs in a single action, they must submit a writing to
that effect, which is signed by each Plaintiff, and a single Amended Complaint, also signed by
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each Plaintiff. The Court ordered that to the extent one or more of the Plaintiffs did not wish to
proceed together in a single action, Plaintiffs must notify the Court within 45 days, and the Court
would then assess whether severance would be appropriate.
2.

In light of the Court’s December 12, 2016 Order, to which the Plaintiffs have not yet

responded, the Court finds that any determination as to class certification is premature. The
Court notes that, like the previously-filed motion to amend, the instant motion class certification
is brought by only three of the four Plaintiffs. Furthermore, Plaintiffs have not yet responded to
the Court’s Order and submitted a single Amended Complaint signed by all Plaintiffs and/or
informed the Court as to whether they intend to remain joined as Plaintiffs in this action. As
such, the Court will deny without prejudice the motion for class certification brought by
Plaintiffs Rashid, Pasha, and McCray at this time. If appropriate, Plaintiffs may request to renew
their motion for class certification after Plaintiffs submit their responses to the Court’s December
12, 2016 Order.
IT IS THEREFORE, on this 20th day of December, 2016,
ORDERED that, for the reasons stated in this Memorandum and Order, the Court will
DENY WITHOUT PREJUDICE the motion for class certification brought by Plaintiffs
Rashid, Pasha, and McCray (ECF No. 38); it is further
ORDERED that, if appropriate, Plaintiffs may request to renew their motion for class
certification after Plaintiffs submit their responses to the Court’s December 12, 2016 Order.
ORDERED that the Clerk of the Court shall send a copy of this Memorandum and Order
to Plaintiffs Abdul-Aziz, Pasha, McCray, and Rashid at the addresses on file.

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/s/ Freda L. Wolfson
Freda L. Wolfson
United States District Judge

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