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.