Dickens ex rel. Estate v. GC Servs. Ltd.

336 F. Supp. 3d 1369
CourtDistrict Court, M.D. Florida
DecidedOctober 2, 2018
DocketCase No: 8:16-cv-803-T-30TGW
StatusPublished

This text of 336 F. Supp. 3d 1369 (Dickens ex rel. Estate v. GC Servs. Ltd.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dickens ex rel. Estate v. GC Servs. Ltd., 336 F. Supp. 3d 1369 (M.D. Fla. 2018).

Opinion

JAMES S. MOODY, JR., UNITED STATES DISTRICT JUDGE

THIS CAUSE comes before the Court upon Plaintiff's Renewed Motion for Class Certification and Appointment of Class Counsel (Dkt. 65), Defendant's Response in Opposition (Dkt. 74), and Plaintiff's Reply in Support (Dkt. 77); Defendant's Motion to Dismiss or Motion to Dismiss and Compel Arbitration (Dkt. 81) and Plaintiff's response (Dkt. 87); Defendant's supplemental authority (Dkt. 78) and Plaintiff's response (Dkt. 86); and Plaintiff's supplemental authority (Dkt. 85) and Defendant's response (Dkt. 88). The Court, having reviewed the filings, and being otherwise advised in the premises, concludes that Plaintiff's Renewed Motion for Class Certification and Appointment of Class Counsel should be granted, and Defendant's Motion to Dismiss or Motion to Dismiss and Compel Arbitration should be denied.

BACKGROUND

In this original lawsuit, Ronnie Dickens sued GC Services Limited Partnership ("Defendant") for violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692 - 1692p. He alleged that Defendant failed to notify him and other similarly situated debtors that if they disputed their debt, they would have to notify Defendant in writing to trigger Defendant's legal obligation to verify the debt. (Dkt. 1, p. 2). By failing to specify that certain rights must be exercised in writing, Ronnie Dickens argued, Defendant failed to comply with the FDCPA.

On November 14, 2016, the Court granted partial summary judgment on the issue of liability in favor of Ronnie Dickens and against Defendant. The Court denied Ronnie Dickens' motion for class certification after concluding that he did not meet the adequacy and superiority elements of Federal Rule of Civil Procedure 23. The Court also awarded him damages. Ronnie Dickens appealed. The Eleventh Circuit vacated and remanded portions of the Court's Order, specifically the denial of class certification and the award of damages.

On October 20, 2017, Defendant filed a suggestion of death reporting that Ronnie Dickens had passed away. Terri Dickens, Ronnie Dickens' widow, filed an unopposed motion to substitute herself as named plaintiff in the case, on behalf of the estate of Ronnie Dickens. The Court granted her motion after concluding that Ronnie Dickens' FDCPA claims did not extinguish with his death. Terri Dickens ("Plaintiff") filed a renewed motion for class certification and Defendant filed a motion to dismiss or compel arbitration.

STANDARD FOR CLASS CERTIFICATION

A district court is vested with broad discretion in determining whether to certify a class. Washington v. Brown & Williamson Tobacco Corp. , 959 F.2d 1566, 1569 (11th Cir. 1992). For a district court to certify a class action, the party seeking to maintain the class action must affirmatively demonstrate its compliance with Federal Rule of Civil Procedure 23.

*1374Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 345-46, 131 S.Ct. 2541, 180 L.Ed.2d 374 (2011). As a threshold issue, Plaintiff must demonstrate that the proposed class is "adequately defined and clearly ascertainable."1 Little v. T-Mobile USA, Inc. , 691 F.3d 1302, 1304 (11th Cir. 2012). Assuming the class is ascertainable, Plaintiff must then prove Rule 23(a)'s prerequisites to class certification: (1) the class must be "so numerous that joinder of all members is impracticable" ("numerosity"); (2) there must be "questions of fact or law common to the class" ("commonality"); (3) "the claims or defenses of the representative parties must be typical of the claims or defenses of the class" ("typicality"); and (4) the named representative must "fairly and adequately protect the interests of the class" ("adequacy of representation"). See Fed. R. Civ. P. 23(a).

After meeting the requirements of Rule 23(a), the party must satisfy through evidentiary proof at least one of the provisions of Rule 23(b). See Fed. R. Civ. P. 23(b). Therefore, courts may have to "probe behind the pleadings before coming to rest on the certification question." Comcast Corp. v. Behrend, 569 U.S. 27, 33, 133 S.Ct. 1426, 185 L.Ed.2d 515 (2013) (citing to Fed. R. Civ. P. 23 ). Only after a "rigorous analysis" and a determination that the movant has satisfied Rule 23's prerequisites may the court properly certify the class. Id. Accordingly, the court's analysis will frequently "overlap with the merits of the plaintiff's underlying claim [because] class determination generally involves considerations that are enmeshed in the factual and the legal issues comprising the plaintiff's cause of action." Id.

STANDARD FOR A MOTION TO DISMISS

Attacks on subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) come in two forms. Meszaros ex rel. Meszaros v. United States , No. 8:05CV1214T30TGW, 2006 WL 1528939, at *1-2 (M.D. Fla. June 2, 2006) (Moody, J.); Lawrence v. Dunbar , 919 F.2d 1525 (11th Cir. 1990).

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Bluebook (online)
336 F. Supp. 3d 1369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickens-ex-rel-estate-v-gc-servs-ltd-flmd-2018.