3081 Main Street LLC v. Business Owners Liability Team LLC
The plaintiff sued the defendant, on behalf of the plaintiff and similarly situated business entities, alleging that the defendant violated the Telephone Consumer Protection Act, as amended by the Junk Fax Prevention Act. Apparently concerned that the defendant might offer the plaintiff full relief, which would render the plaintiff's putative class-action suit moot, the plaintiff moved for class certification. In Damasco v. Clearwire Corp., a 2011 decision, the 7th Circuit wrote, "To allow a case, not certified as a class action and with no motion for class certification even pending, to continue in federal court when the sole plaintiff no longer maintains a personal stake defies the limits on federal jurisdiction expressed in Article III." In another 2011 decision, Pitts v. Terrible Herbst Inc., the 9th Circuit reached the opposite conclusion and wrote, "[W]e hold that an unaccepted Rule 68 offer of judgmentfor the full amount of the named plaintiff's individual claim and made before the named plaintiff files a motion for class certificationdoes not moot a class action." The Connecticut District Court denied the plaintiff's motion for class certification, without prejudice, because discovery has not yet taken place, and the motion is premature. "The interests of both parties," wrote the court, "are best served by deferring a determination on class certification."