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Perez v. Central Credit Services LLC

United States District Court, E.D. New York

February 27, 2018

SONIA PEREZ, Individually and on behalf of all others similarly situated, Plaintiff,
v.
CENTRAL CREDIT SERVICES LLC, doing business as CENTRAL CREDIT SERVICES OF FL LLC Defendant.

          Kleinman, LLC Co-Attorneys for the Plaintiff, Abraham Kleinman, Esq., Of Counsel

          Edelman Combs Latturner & Goodwin LLC Co-Attorneys for the Plaintiff, Tiffany N. Hardy, Esq., Of Counsel

          Sessions, Fishman, Nathan & Israel, LLC Attorneys for Defendant, Kristen H. Smith, Esq., Of Counsel

          MEMORANDUM OF DECISION & ORDER

          ARTHUR D. SPATT, United States District Judge.

         Sonia Perez (“Perez” or the “Plaintiff”) commenced this putative class action against the Defendant, Central Credit Services LLC, doing business as Central Credit Services of FL LLC (“CCS” or the “Defendant”) alleging violations of the Telephone Consumer Protection Act of 1991 (“TCPA”), 47 U.S.C. §§ 227, et seq. Presently before the Court is a motion by the Plaintiff for class certification, pursuant to Rule 23 of the Federal Rules of Civil Procedure (“Rule” or “Fed R. Civ. P.”) requesting that the Court certify the class. For the following reasons, the motion is denied without prejudice to renewal following discovery.

         I. BRIEF BACKGROUND

         On October 16, 2017, the Plaintiff commenced this action against the Defendant by filing a putative class action complaint. That same day, the Plaintiff filed the present motion, seeking a ruling certifying the class. The Plaintiff also filed a motion to enter the instant motion and continue it until the Defendant entered an appearance.

         On November 29, 2017, the Defendant answered the complaint.

         The parties will hold their initial conference before Magistrate Judge Arlene R. Lindsay on March 7, 2018.

         II. DISCUSSION

         “In determining whether class certification is appropriate, a district court must first ascertain whether the claims meet the preconditions of Rule 23(a).” Teamsters Local 445 Freight Div. Pension Fund v. Bombardier Inc., 546 F.3d 196, 201 (2d Cir. 2008). Rule 23(a) requires the Plaintiff to establish the following four conditions: “(1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the classes; and (4) the representative parties will fairly and adequately protect the interests of the class.” Fed.R.Civ.P. 23(a). After establishing Rule 23(a)'s four preconditions, the claims must also satisfy one of the scenarios in Rule 23(b)(1)-(3). Fed.R.Civ.P. 23(b). “The party seeking class certification bears the burden of establishing by a preponderance of the evidence that each of Rule 23's requirements has been met.” Myers v. Hertz Corp., 624 F.3d 537, 547 (2d Cir. 2010) (internal citations omitted).

         Granting a motion for class certification “is proper only if the trial court is satisfied, after a rigorous analysis, that the prerequisites of Rule 23(a) have been satisfied.” Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 350-51, 131 S.Ct. 2541, 2551, 180 L.Ed.2d 374 (2011) (internal citations and quotations omitted). Although such a decision is to be made as early as practicable, Fed.R.Civ.P. 23(c)(1)(A), “this does not mandate precipitous action.” Chateau de Ville Prods., Inc. v. Trans-Witmark Music Library, Inc., 586 F.2d 962, 966 (2d Cir. 1978).

         In the instant case, the Court is unable to conduct the “rigorous analysis” required by Wal-Mart Stores, Inc., as this motion was filed contemporaneously with the class action complaint and prior to any discovery or the filing of an answer. Even at the present juncture, there has been little or no discovery that has taken place.

         More discovery is needed on factual issues associated with class certification. Neither party's interests are properly served by determining class certification prior to the completion of the discovery process. See Physicians Healthsource, Inc. v. Purdue Pharma L.P., No. 3:12-cv-1208, 2013 WL 4782378, at *1 (D. Conn. Sept. 6, 2013) (“Here, such ‘rigorous analysis' is impracticable, at least on the current record, because the plaintiff filed its motion for class certification prior to discovery.”). The Court finds that at ...


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