Basso v. New York University

363 F. Supp. 3d 413
CourtDistrict Court, S.D. Illinois
DecidedFebruary 21, 2019
Docket16 Civ. 7295 (VM)
StatusPublished
Cited by5 cases

This text of 363 F. Supp. 3d 413 (Basso v. New York University) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Basso v. New York University, 363 F. Supp. 3d 413 (S.D. Ill. 2019).

Opinion

VICTOR MARRERO, United States District Judge.

Plaintiffs Anna Basso, Amy Hartman ("Hartman"), and Jaime Villa Ruiz (collectively, "Plaintiffs") seek to certify, pursuant to Federal Rule of Civil Procedure 23(b) (3) (" Rule 23(b)(3)"), a class consisting of the students who attended Defendant New York University's ("NYU") now-defunct, Singapore-based Tisch School of the Arts, Asia ("Tisch Asia"). (See"Motion for Class Certification," Dkt. No. 91.) NYU opposes class certification, largely on the grounds that each class member's case would require individualized proof. (See"Opposition," Dkt. No. 97.) For the reasons *418discussed below, Plaintiffs' Motion for Class Certification is GRANTED.

I. BACKGROUND

This Order assumes familiarity with the Court's ruling partly granting NYU's motion to dismiss. See Basso v. New York Univ., 16 Civ. 7295, 2017 WL 1019505 (S.D.N.Y. Feb. 24, 2017). Briefly, Plaintiffs allege that NYU induced students to enroll at Tisch Asia -- a performing-arts-focused graduate school which opened in 2007 and closed in 2015 -- by representing that Tisch Asia would offer an educational experience equal to NYU's renowned Tisch School of the Arts in New York City ("Tisch New York"). (See"First Amended Complaint," Dkt. No. 22 ¶¶ 2-3.) Plaintiffs allege that "except for the cost of tuition, Tisch Asia never lived up to the standards of Tisch New York," and "Tisch Asia students were not provided with the same education, professional training, and equipment as their New York counterparts." (Id. ¶¶ 4-5.)

Plaintiffs' First Amended Complaint asserted seven causes of action on behalf of the putative class: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) violation of the New York General Business Law ("G.B.L.") Section 349 ; (4) violation of G.B.L. Section 350 ; (5) negligent misrepresentation; (6) fraud; and (7) unjust enrichment. By Order dated February 24, 2017, the Court dismissed counts (2), (3), and (4). See Basso, 2017 WL 1019505, at *7.

Discovery closed in June 2018. Plaintiffs thereafter moved to (1) certify a proposed class, pursuant to Rule 23(b) (3), consisting of "all students who attended New York University Tisch School of the Arts, Asia" (the "Proposed Class"); and (2) appoint Giskan, Solotaroff & Anderson LLP and Schwartz, Ponterio & Levenson, PLLC as class counsel. (See Motion for Class Certification at 1.)

Plaintiffs argue that the Proposed Class meets the class certification requirements of Federal Rule of Civil Procedure 23(a) (" Rule 23(a)"). First, Plaintiffs assert that the Proposed Class is ascertainable, because the Court can "easily and objectively determine[ ] based on NYU enrollment records" whether a particular person attended Tisch Asia. (See"Class Cert. Mem.," Dkt. No. 92 at 21.) Second, Plaintiffs contend that, because the Proposed Class consists of over three hundred individuals, it is sufficiently numerous to make joinder impracticable.

Third, Plaintiffs maintain that the Proposed Class members' claims share common questions of law and fact, including: (1) whether NYU failed to disclose material facts regarding the differences between Tisch Asia and Tisch New York; (2) whether NYU breached its contract to provide certain educational benefits and services it had promised would be provided to the Proposed Class members; (3) whether NYU intentionally and/or negligently misrepresented that it would provide certain educational benefits and services, and then failed to provide them; (4) whether NYU concealed that Tisch Asia was a five-year experiment; and (5) whether NYU was unjustly enriched by promising to provide but failing to deliver to the Proposed Class members certain educational benefits and services.

Fourth, Plaintiffs argue that their claims typify those of the Proposed Class, because all class members entered into the same contract with NYU and "were subject to the same misrepresentations and omissions." (Id. at 25.) Fifth, Plaintiffs claim that they are adequate representatives of the Proposed Class, because their "interests are aligned with other class members," they "do not have any interests antagonistic to those of the other class members," and they "are committed to the *419vigorous prosecution" of this suit. (Id. at 25-26.) In addition, Plaintiffs argue that their lawyers are "highly experienced in handling class actions" and have "pursued this matter vigorously and competently." (Id. at 26.)

Next, Plaintiffs contend that the case meets the class certification requirements of Rule 23(b)(3). First, Plaintiffs argue that common questions of law and fact -- especially "whether Tisch Asia was the same program as Tisch NY," which Plaintiffs view as the "predominant common question in this case" -- predominate over any questions that affect only particular class members. (Id. at 27-28.) Second, Plaintiffs contend that a class action is superior to other available methods of adjudicating these claims, because the alternative would be wastefully duplicative separate suits that share "the core issue" of whether NYU misrepresented "that Tisch Asia and Tisch NY were equal programs." (Id. at 29.)

NYU opposed class certification. As to the requirements of Rule 23(a), NYU first argues that Plaintiffs fail to establish numerosity because joinder is, in fact, practicable. NYU maintains that the Proposed Class members are sufficiently sophisticated -- and have large enough claimed damages -- such that it would be more appropriate to join them as individual plaintiffs. Second, NYU argues that the Proposed Class lacks common questions, because the case will require "an individualized analysis of the circumstances surrounding each class member" -- particularly on the question of each class member's reliance. (Opposition at 16.) Third, NYU contends that Plaintiffs' claims are not typical of class members' claims, because each Tisch Asia student "had different reasons for attending" and "allege[s] different grievances about different aspects" of Tisch Asia. (Id. at 19.) Fourth, NYU asserts that Plaintiffs are inadequate class representatives because "their testimony raises credibility issues as to key facts," and "they generally lack knowledge about the issues in the case." (Id. at 20.) In particular, NYU notes that Hartman once described Tisch Asia as "bar none the best decision of my life." (Id. at 21.)

As to the requirements of Rule 23(b)(3), NYU first argues that predominance is not met because the "issues subject to individualized proof far outweigh any issues subject to generalized proof." (Id. at 22.) For instance, NYU maintains that Plaintiffs relied on different representations in deciding to enroll at Tisch Asia. NYU also argues that Plaintiffs allege that "NYU injured them in different ways over different periods of time." (Id.

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363 F. Supp. 3d 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/basso-v-new-york-university-ilsd-2019.