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Class Certification Motions

Plaintiffs in putative class actions often file motions for class certification contemporaneously with their complaints. Presumably, plaintiffs file these motions to address concerns raised by the Seventh Circuit in Damasco v. Clearwire Corp., 662 F.3d 891, 897 (7th Cir. 2011), which despite being overruled in Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015), have become relevant again due to dicta in the Supreme Court’s decision in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016) (“We need not, and do not, now decide whether the result would be different if a defendant deposits the full amount of the plaintiff’s individual claim in an account payable to the plaintiff, and the court then enters judgment for the plaintiff in that amount.”). Consideration of such motions at such an early stage is premature. Accordingly, the Court asks that the parties consider entering into a stipulation that would obviate the need for the Court to address the premature motion for class certification, while also addressing the concerns raised in Campbell-Ewald and Chapman. A sample stipulation may be found here.

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