OQUENDO CLAUDIO et al v. Santander Financial Services Inc.
Filing
121
OPINION AND ORDER: Granting 119 Motion for Reconsideration. Signed by Judge Gustavo A. Gelpi on 5/9/2012. (TC) Modified on 5/10/2012 as to title and to replace pdf as to name of Plaintiff.
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
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JESSICA NEGRON-PELUYERA, et al.,
Plaintiffs,
v.
Civil No. 10-2185 (GAG)
SANTANDER FINANCIAL SERVICES,
INC.,
Defendant.
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OPINION AND ORDER
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Presently before the court is Santander’s (“Defendant”) motion for reconsideration of the
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order denying its motion for certification of an interlocutory appeal (Docket No. 119). The court has
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previously denied Defendant’s motion to dismiss on mootness grounds and motion for certification
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of an interlocutory appeal (Docket No. 103). In the present motion, Defendant specifically states
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it is not seeking reconsideration of the denial of the motion to dismiss, but merely the denial of the
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certification for an interlocutory appeal to the First Circuit. (See Docket No. 119 at 2.) However,
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the court has on its own initiative reconsidered the issue of mootness argued in Defendant’s previous
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motions to dismiss and for reconsideration (Docket Nos. 87 & 92). At this time the court holds that
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is initially erred, and thus vacates its original rulings (Docket Nos. 87, 92, & 103). It further finds
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the case to be MOOT and GRANTS Defendant’s motion to dismiss for the following reasons.
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Defendant properly relies upon Cruz v. Farquharson, 252 F.3d 530 (1st Cir. 2001) in arguing
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that once a defendant makes a full offer to the named plaintiffs in a purported class action, prior to
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the class being certified, the case becomes moot. See id. at 533-34. The First Circuit made clear
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that the class, in a purported class action, does not acquire its own legal status until the class has
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been certified. See id. at 534. Therefore, if all claims of the named plaintiffs are resolved prior to
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class certification, the case, as pertaining to the class, is moot. See id. at 533-34. In reaching this
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decision, the First Circuit took care to note that nothing transpired between the date the defendant
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offered complete relief to the plaintiff and the date district court ruled made its ruling. See id. at
Civil No. 10-2185 (GAG)
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533.
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The present case is controlled by Cruz. Defendant offered the named plaintiffs’ full relief
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after both the second and third amended complaints. (See Docket No. 119 at 10-11.) After the third
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complaint, the purported class had not been certified and no other parties attempted to intervene in
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the action. See Cruz, 252 F.3d at 533 (stating dismissal may be inappropriate if there was
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intervention by additional parties or attempts to amend complaint). In this case, there was nothing
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to change the circumstances between the parties between the time of the offer, after the third
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amended complaint, and this ruling. Therefore, this court finds Cruz to be controlling and the case
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must be DISMISSED.
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SO ORDERED.
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In San Juan, Puerto Rico this 9th day of May 2012.
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S/Gustavo A. Gelpí
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GUSTAVO A. GELPÍ
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United States District Judge
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