Diaz v. New Penn Financial, LLC

Filing 15

ORDER denying 5 Motion to Certify Class; denying 7 Motion to Continue; Plaintiff's motion for class certification (Docket Entry 5) is DENIED WITHOUT PREJUDICE. The Motion for Class Certification may be renewed after Plaintiff obtains the f acts necessary to meet her burden of establishing that the requirements set forth in Federal Rule of Civil Procedure 23 have been met. Plaintiff's motion to continue and enter motion for class certification (Docket Entry 7) is DENIED AS MOOT. So Ordered by Judge Joanna Seybert on 10/23/2015. C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
------------------------------------X
ALTAGRACIA DIAZ, on behalf of
herself and all others
similarly situated,
Plaintiff,
-against-

ORDER
15-cv-4754(JS)(GRB)

NEW PENN FINANCIAL, LLC
d/b/a SHELLPOINT MORTGAGE SERVICING,
Defendant.
-------------------------------------X
APPEARANCES
For Plaintiff:
Abraham Kleinman, Esq.
Kleinman, LLC
626 RXR Plaza
Uniondale, New York 11556
Tiffany N. Hardy, Esq.
Edelman Combs Latturner & Goodwin, LLC
20 South Clark St., Ste. 1500
Chicago, Illinois 60603
For Defendant:

Joy Harmon Sperling, Esq.
Day Pitney LLP
One Jefferson Road
Parsippany, New Jersey 07054

SEYBERT, District Judge:
Pending before the Court are Plaintiff’s motion for
class certification (Docket Entry 5) and Plaintiff’s motion to
continue and enter motion for class certification (Docket Entry
7).

Plaintiff’s pending motions were filed simultaneously with

the commencement of this action on August 14, 2015.

Defendant

filed letter opposition dated October 15, 2015, alleging that
Plaintiff’s

Motion

for

Class

Certification

should

be

denied

without prejudice because it is premature and that Plaintiff’s
Motion to Continue should be denied.
Plaintiff

filed

a

(Docket Entry 13.)

premature

motion

for

class

certification to avoid having the putative class action claims
mooted by a potential offer of judgment for full relief made
pursuant to Federal Rule of Civil Procedure 68.
Docket Entry 5, ¶¶ 11-18.)

(Pl.’s Mot.,

For the reasons discussed in the

Court’s previous order in Carlin v. Davidson Fink LLP, No. 13-CV6062,

2014

WL

4826248,

at

*3

(E.D.N.Y.

Sept.

23,

2014),

reconsidered and vacated in part, No. 13-CV-6062, 2015 WL 5794250
(E.D.N.Y.

Sept. 30,

2015),

Plaintiff’s

motion

for

certification (Docket Entry 5) is DENIED WITHOUT PREJUDICE.

class
The

Motion for Class Certification may be renewed after Plaintiff
obtains the facts necessary to meet her burden of establishing
that the requirements set forth in Federal Rule of Civil Procedure
23 have been met.

Plaintiff’s motion to continue and enter motion

for class certification (Docket Entry 7) is DENIED AS MOOT.
SO ORDERED.

/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

October
23 , 2015
Central Islip, New York

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