Dochak v. Polskie Linie Lotnicze Lot S.A.

189 F. Supp. 3d 798, 2016 U.S. Dist. LEXIS 69632, 2016 WL 3027896
CourtDistrict Court, N.D. Illinois
DecidedMay 27, 2016
DocketNo. 15 C 4344
StatusPublished
Cited by13 cases

This text of 189 F. Supp. 3d 798 (Dochak v. Polskie Linie Lotnicze Lot S.A.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dochak v. Polskie Linie Lotnicze Lot S.A., 189 F. Supp. 3d 798, 2016 U.S. Dist. LEXIS 69632, 2016 WL 3027896 (N.D. Ill. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

Virginia M. Kendall, United States District Court Judge

Plaintiffs are a group of individuals who purchased airline tickets from Defendant Polskie Linie Lotnicze LOT S.A. (“LOT”) and arrived at their destination later than scheduled due to delayed or cancelled flights. They filed the Complaint asserting individual claims as well as eleven claims as a class that seek relief for: delay or cancellation of international airfare in violation of Article 19 of the Convention for International Carriage by Air (“Montreal Convention”) (Count One); breach of con[800]*800tract for violations of Articles 19 and 22 of the Montreal Convention (Count Two); breach of contract for violations of Article 6 of European Union Regulation 261 (“EU 261”) (Counts Three, Seven, and Ten); breach of contract for violations of Article 9 of EU 261 (Counts Four and Eight); breach of contract for violations of Article 14 of EU 261 (Count Five); violations of Article 19 of the Montreal Convention (Count Six); breach of contract for international airfare (Count Nine); and breach of contract for violations of Articles 5, 7, 9, and 14 of EU 261 and Article 19 of the Montreal Convention (Count Eleven). (Dkt. No. 24.) LOT filed a motion to dismiss the claims related to violations of the Montreal Convention and EU 261 under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. (Dkt. No. 28.) LOT also argues that the Court should not certify Plaintiffs as a putative class under Rule 23. For the reasons given below, the Court grants LOT’S motion to dismiss Counts Three, Four, Five, Seven, Eight, Ten, Eleven, and any individual claims without prejudice to the extent they seek redress for breach of contract due to violations of EU 261. The Court denies LOT’S motion to dismiss Counts One, Two, Six, Eleven, and individual claims brought under the Montreal Convention. The Court further rejects LOT’S proposal to deny class certification and defers consideration of class certification until after the pleadings stage.

BACKGROUND

LOT is an international airline that is licensed and domiciled in Poland, which is a member of the European Union. (Dkt. No. 24 at ¶¶7, 25, 27.) Plaintiffs purchased tickets for flights operated by LOT that contained the Conditions of Contract. Id. at ¶69.

Irina Dochak departed Chicago on June 13, 2014 on LOT flights from Chicago to Lvov, Ukraine with a layover in Warsaw, Poland. Id. at ¶96. On her return flight via the same route, Dochak’s LOT flight from Lvov to Warsaw was cancelled causing her to miss her connecting flight from Warsaw to Chicago. Id. at ¶100. Dochak was put on a later flight and arrived in Chicago two days later than scheduled. Id. .at ¶103.

Margarita Matusova traveled on September 19, 2013 on LOT flights from Chicago to Minsk, Belarus with a connection in Warsaw. Id. at ¶115. The flight from Minsk to Warsaw was cancelled and Matu-sova was put on a flight from Minsk to Frankfurt and then another from Frankfurt to Chicago. Id. at ¶120. She arrived in Chicago a day later than scheduled. Id. at ¶121.

Ludmila Konosova purchased airline tickets from LOT to fly from Chicago to St. Petersburg, Russia with a layover in Warsaw on October 4, 2013. Id. at ¶141. Her flight from Chicago to Warsaw was delayed causing her to miss her connecting flight to St. Petersburg. Id. at 1Í145. Kono-sova arrived in St. Petersburg ten hours later than scheduled. Id. at ¶147.

Marina and Anastasia Sendun departed Lvov on August 15, 2013 on a LOT flight that was scheduled to stop in Warsaw and then arrive in Chicago. Id. at ¶158. Their LOT flight from Warsaw to Chicago was cancelled, forcing the Senduns to, stay overnight in Warsaw at their own expense. Id. at H1Í159-160. The Senduns arrived in Chicago 24 hours later than scheduled. Id. at ¶162.

Tatyana Mospan and her three children traveled via LOT airplanes on August 19, 2014 from Chicago to Lvov with a layover in Warsaw. Id. at ¶169. Their LOT flight from Warsaw to Chicago was delayed causing them to arrive in Chicago four hours later than scheduled. Id. at ¶174.

[801]*801Volodumar Bukowski bought LOT tickets to fly from Chicago to Lvov with'a layover in Warsaw on May 26, 2013. Id. at ¶184. His LOT flight from Chicago to Warsaw was cancelled, and as a result he missed his flight from Warsaw to Lvov and arrived in Lvov six days later than scheduled. Id. at 1Í1Í188,191.

Natalia Düduch and her two children were scheduled to fly on LOT airlines from Chicago to Lvov with a layover-in Warsaw on May 26, 2013. Id. at ¶201. Their LOT flight from Chicago to Warsaw was delayed and then cancelled. Id. .at ¶204. Consequently, Duduch and her.- children arrived in Lvov later than scheduled.1 Id. at ¶206. -

Ihor and Liliya Prokipchuck bought tickets from LOT to travel from Chicago to Lvov with a connection in Warsaw on June 16, 2014. Id. at ¶216. Their LOT flight from Chicago to Warsaw was can-celled and they were moved to an Austrian Airlines flight from Chicago to Lvov with a connection in Vienna, Austria. Id. at ¶222. As a result, the Prokipchucks arrived in Lvov days later than scheduled. Id. at ¶225.

Stanislav and Natalia Belik were supposed to fly on December 28, 2014 from Chicago to Lvov with a layover in Warsaw on LOT airlines. Id. at ¶235. Their LOT flight from Chicago to Warsaw was can-celled and they subsequently arrived in Warsaw 14 hours later than scheduled. Id. at ¶240. The Beliks were forced to stay in Warsaw overnight and arrived in Lvov later than scheduled. Id. at ¶¶241, 242.

Olga Kalmenson purchased airline tickets from LOT to fly from Chicago to Gdansk, Poland with a connection in Warsaw on September 18, 2013. Id. at ¶251. Her LOT flight from Chicago to Warsaw was cancelled and Kalmenson was placed on a later LOT flight causing her to arrive in Chicago several-hours later than scheduled. Id. at ¶257.-

Vasili Kutsko was scheduled to fly via LOT from Minsk to Chicago on July 28, 2015 with a layover in Warsaw. Id. at ¶¶266, 268. Similarly, Alexandra and Vasili Kulick bought tickets to travel on July 28, 2015 on LOT flights from Kiev, Ukraine to Chicago with a connection in Warsaw’. Id. at ¶281. The LOT flight from Warsaw to Chicago was cancelled causing Kutsko and the Kulicks to arrive in Chicago several hours later than scheduled. Id. at ¶¶269, 272, 288.

LEGAL STANDARD

A motion to dismiss pursuant to Rule 12(b)(6) challenges the viability of a complaint by arguing that it fails to state a claim upon which relief may be granted. To survive a 12(b)(6) motion, the complaint must provide- enough factual information- to state a claim for relief that is plausible on its face and “raise a right to relief above the speculative level.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). A complaint is facially plausible “when the pleaded factual content allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal,

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Bluebook (online)
189 F. Supp. 3d 798, 2016 U.S. Dist. LEXIS 69632, 2016 WL 3027896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dochak-v-polskie-linie-lotnicze-lot-sa-ilnd-2016.