AUGUSTIN et al v. City of Philadelphia

Filing 103

MEMORANDUM ORDER THAT THE MOTION (DOC. NO. 64 ), IS GRANTED AND THE PLAINTIFF CLASS IS HEREBY CERETIFIED AND DEFINED AS CONSISTING OF THE FOLLOWING PERSONS OUTLINED HEREIN. SIGNED BY HONORABLE J. CURTIS JOYNER ON 11/30/2016. 12/1/2016 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LEA AUGUSTIN, GERARD AUGUSTIN,
THOMAS MCSORLEY, DONNA MCSORLEY
RICHMOND WATERFRONT INDUSTRIAL
PARK, LLC
Plaintiffs
vs.
CITY OF PHILADELPHIA
Defendant

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: CIVIL ACTION
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: NO. 14-CV-4238
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ORDER

AND NOW, this

30TH

day of November, 2016, upon

consideration of Plaintiffs’ Motion for Class Certification and
Defendant’s Response thereto and for the reasons set forth in the
preceding Memorandum Opinion, it is hereby ORDERED that the
Motion is GRANTED and the Plaintiff Class is hereby certified and
defined pursuant to Fed. R. Civ. P. 23(a) and (b)(2) as
consisting of the following persons:
All owners of rental properties within the City of
Philadelphia whose property is or will be encumbered by a
municipal lien to enforce unpaid charges for natural gas
service, where such service, according to the records of the
Philadelphia Gas Works, was provided to a residential or
commercial gas service customer other than the property
owner, excluding however, any owner who was a party in a
state court scire facias proceeding regarding such lien
initiated under Article 3 of the Pennsylvania Municipal
Claims and Tax Lien Act, 53 P.S. §7182, et. seq. if a final
judgment in such a proceeding was entered.
IT IS FURTHER ORDERED that Plaintiffs Lea and Gerard

Augustin, Thomas and Donna McSorley and Richmond Waterfront
Industrial Park, LLC are designated as the class representatives
and that the attorneys of record for the said named Plaintiffs
are authorized to serve as counsel for the class in this action.
BY THE COURT:

S/J. CURTIS JOYNER
J. CURTIS JOYNER,

J.