Landrum v. Harris County Emergency Corps

Filing 30

ORDER denying 19 MOTION to Certify Class. (Signed by Judge Kenneth M. Hoyt) Parties notified.(chorace)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JEFFREY K. LANDRUM,
Plaintiff,
VS.
HARRIS COUNTY EMERGENCY CORPS,
Defendant.

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CIVIL ACTION NO. 4:14-CV-1811

ORDER
On June 29, 2014, Jeffrey K. Landrum (“Landrum”) filed a three-count class action
complaint against Harris County Emergency Corps (“HCEC” or the “defendant”) alleging
violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681, et seq. Pending before
the Court is Landrum’s Fed. R. Civ. P. 23 motion for class certification in which he seeks
certification of an “Adverse Action Class” and a “Background Check Class” (ECF No. 19).
With respect to the Background Check Class, Landrum’s request has been rendered moot by the
Court’s Memorandum Opinion and Order, entered today (ECF No. 29), granting HCEC’s motion
for partial summary judgment. Regarding the “Adverse Action Class,” Landrum’s proposal fails
because, inter alia, Rule 23’s numerosity requirement has not been satisfied: Landrum has not
come forward with any evidence identifying any individuals, other than himself, who suffered
adverse employment action based on a consumer report procured or caused to be procured by
HCEC. Accordingly, Landrum’s motion for class certification is DENIED.
It is so ORDERED.
SIGNED on this 16th day of July, 2015.
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Kenneth M. Hoyt
United States District Judge

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