COMMUNITY VOCATIONAL SCHOOLS OF PITTSBURGH, INC. v. MILDON BUS LINES INC.
MEMORANDUM OPINION re 97 MOTION to Certify Class filed by COMMUNITY VOCATIONAL SCHOOLS OF PITTSBURGH, INC. For the reasons indicated in the attached memorandum opinion, the plaintiff Community Vocational Schools of Pittsburgh, Inc.'s motion to certify class will be denied without prejudice. Signed by Chief Judge Joy Flowers Conti on 02/09/2018. (nls)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
SCHOOLS OF PITTSBURGH, INC., a
corporation, individually and as the
representative of a class of similarly situated
MILDON BUS LINES, INC., a Pennsylvania
Defendant/ Third Party Plaintiff,
CAROLINE ABRAHAM and JOEL
Third Party Defendants.
CIVIL ACTION NO. 09-1572
Conti, Chief District Judge
Plaintiff Community Vocational Schools of Pittsburgh, Inc. (“Community Vocational
Schools”) filed a motion to certify class on July 7, 2017, (ECF No. 97), and brief in support thereof.
(ECF No. 98.) On August 7, 2017, Defendant Mildon Bus Lines (“Mildon”) filed a response in
opposition, (ECF No. 104), and Community Vocational Schools filed its reply brief on August 28,
2017. (ECF No. 109.) A hearing on the motion to certify a class was held on September 19, 2017,
and the parties were ordered to file supplemental briefs. (Minute Entry & Order 9/20/2017.)
Community Vocational Schools filed its supplemental brief on September 26, 2017, (ECF No.
112), and Mildon filed its supplemental brief in response on October 3, 2017. (ECF No. 113.)
This court by separate order dated February 9, 2018, granted Mildon’s motion for summary
judgment, holding that Community Vocational Schools lacked standing and that a reasonable jury
could not render a verdict in favor of Community Vocational Schools. The class cannot be
certified because in order to pursue a class action claim on behalf of itself and the putative class,
the named plaintiff must have standing. In re Horizon Healthcare Servs. Inc. Data Breach Litig.,
846 F.3d 625, 634 (3d Cir. 2017). Community Vocational Schools, the only named plaintiff, does
not have standing. Counsel for plaintiff shall have thirty (30) days to file a motion to substitute a
new plaintiff. Failure to do so will result in dismissal of the amended complaint. An appropriate
order denying the motion to certify a class without prejudice will be entered.
February 9, 2018
BY THE COURT:
/s/ Joy Flowers Conti
Joy Flowers Conti
Chief United States District Judge
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