SOUROVELIS et al v. CITY OF PHILADELPHIA et al

Filing 188

ORDER THAT PLAINTIFFS' MOTION TO CERTIFY A RULE 23(B)(2) CLASS ON PLAINTIFFS' FIFTH CLAIM FOR RELIEF 118 IS GRANTED IN PART AND DENIED IN PART, ETC. THE CITY DEFEDANTS' MOTION TO SUBMIT A SURREPLY BRIEF 159 IS GRANTED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 02/23/2017. 02/23/2017 ENTERED AND COPIES E-MAILED.(nds)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHRISTOS SOUROVELIS, et al.,
Plaintiffs,
v.
CITY OF PHILADELPHIA, et al.,
Defendants.

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CIVIL ACTION
No. 14-4687

O R D E R
AND NOW, this 23rd day of February, 2017, upon
consideration of Plaintiffs’ Motion to Certify a Rule 23(b)(2)
Class on Plaintiffs’ Fifth Claim for Relief (ECF No. 118), and
following a hearing held on the record with counsel for the
parties, it is hereby ORDERED that Plaintiffs’ motion is GRANTED
in part and DENIED in part as follows:
1.

Plaintiffs’ motion is GRANTED to the extent that

it seeks to certify a Rule 23(b)(2) class on Count Five of
Plaintiffs’ Second Amended Complaint (ECF No. 157) with respect
to Plaintiffs’ requests for (1) a declaration that the City and
D.A. Defendants’ policy and practice of retaining forfeited
property and its proceeds is unconstitutional, and (2) an
injunction enjoining that policy and practice.
2.

Plaintiffs’ motion is DENIED to the extent that

it seeks to certify a Rule 23(b)(2) class on Count Five with

respect to Plaintiffs’ request for an entry of judgment
requiring the return of property.
3.

The class shall consist of the following

individuals:
All persons who hold legal title to or
otherwise have a legal interest in property
against which a civil-forfeiture petition
was
filed
pursuant
to
the
Controlled
Substances Forfeiture Act, 42 Pa. Cons.
Stat. Ann. §§ 6801 and 6802, by the
Philadelphia District Attorney’s Office on
or after August 11, 2012, or will in the
future be filed, in the Court of Common
Pleas of Philadelphia County.
4.

Plaintiffs Christos Sourovelis, Doila Welch,

Norys Hernandez, and Nassir Geiger are designated as class
representatives.
5.

The Institute for Justice and David Rudovsky,

Esquire, are designated as class counsel.
6.

The City Defendants’ Motion to Submit a Surreply

Brief (ECF No. 159) is GRANTED.
AND IT IS SO ORDERED.
/s/

Eduardo C. Robreno
EDUARDO C. ROBRENO,
J.