Curtis et al v. Time Warner Cable Inc

Filing 132

ORDER denying 127 Motion for Reconsideration of 118 ORDER granting Motion to Amend the Order on Class Certification. Signed by Honorable Joseph F Anderson, Jr on 12/12/2013.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION

Keith Curtis, Tyneshia Brooks, Adrienne
Davenport, John Davenport, and Catherine
Comella-Ports, individually and on behalf of
all others similarly situated,

C/A No. 3:12-cv-2370-JFA

Plaintiffs,
vs.
ORDER
Time Warner EntertainmentAdvance/Newhouse Partnership,
Defendant.
Defendant Time Warner Entertainment-Advance/Newhouse Partnership (“TWEAN”)
moves for partial reconsideration of the November 20, 2013, order in which this court granted the
plaintiffs’ motion to amend the conditional class certification. ECF No. 127. Specifically,
TWEAN submits that the portion of the order that certified a nationwide class constituted clear
error. ECF No. 127-1, pp. 2–4, 6, 9, 11, n 6. After reviewing the motion and the briefs filed by
both parties, this court denies TWEAN’s motion for partial reconsideration.
TWEAN submits that this court committed a clear error granting the motion to amend the
conditional class certification because “there is no evidence supporting Plaintiffs’ speculative
theory that TWEAN had a nationwide policy requiring telesales representatives to reconcile their
sales during unpaid time.” ECF No. 127, p. 1. Further, TWEAN contends “the discovery
completed to date proves that no nationwide policy could possibly exist.” Id. The court
disagrees. For the most part, TWEAN has resisted discovery for the areas covered by the
expanded class. Additionally, the plaintiffs have shown a reasonable basis for their claim that
other similarly situated plaintiffs exist. Accordingly, this court hereby denies TWEAN’s

motion for partial reconsideration of the November 20, 2013, order.
IT IS SO ORDERED.
December 12, 2013
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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