Duprey v. Connecticut Department of Motor Vehicles

191 F.R.D. 329, 2000 U.S. Dist. LEXIS 3961, 2000 WL 301072
CourtDistrict Court, D. Connecticut
DecidedMarch 20, 2000
DocketNo. 3:96CV01679 (GLG)
StatusPublished
Cited by27 cases

This text of 191 F.R.D. 329 (Duprey v. Connecticut Department of Motor Vehicles) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duprey v. Connecticut Department of Motor Vehicles, 191 F.R.D. 329, 2000 U.S. Dist. LEXIS 3961, 2000 WL 301072 (D. Conn. 2000).

Opinion

Memorandum Decision

GOETTEL, District Judge.

Plaintiff, Michele Duprey, on behalf of herself and all others similarly situated, has challenged the State of Connecticut’s imposition of a $5.00 fee for removable windshield placards that permit holders of the placards to use parking spaces reserved for persons with disabilities. See Conn. Gen.Stat. § 14-253a. In an earlier ruling on cross-motions for summary judgment, this Court held that these fees violate the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq., (“ADA”), and the regulations promulgated thereunder. 28 F.Supp.2d 702, 711 (D.Conn.1998). Plaintiff has now moved for class certification, pursuant to Fed.R.Civ.P. 23 [Doc. #21]. Plaintiff has asked this Court to certify a class defined as:

All purchasers of windshield placards pursuant to Conn. Gen.Stat. § 14-253a, since January 26, 1992, and all persons who will in the future be required to pay money for windshield placards unless and until declaratory and injunctive relief protects against the requirement of payment as a condition of access to parking accommodations reserved for persons with disabilities.

The class includes purchasers of all categories of additional and renewal placards, but does not encompass purchasers of temporary placards.

In support of her motion, plaintiff states that she and all members of the putative class are persons (or transport persons) with disabilities that limit or impair their ability to walk or who are blind, and who have been found by the State of Connecticut, Department of Motor Vehicles (“DMV”), to satisfy the criteria for a removable windshield placard as provided in Conn. Gen.Stat. § 14-253a(b). - As defined, plaintiff and all members of the putative class have been or will be approved by the DMV for a placard and have obtained, or will obtain, a parking placard after payment of the required fee.

Defendant contends that certification should be denied because (1) issues, of law and fact are not common to each proposed class member; (2) the ADA requires an individualized determination of disability; and (3) certification is not “necessary” for the ultimate and just adjudication of the present action. Additionally, defendant asserts that, to the extent that this Court certifies a class, the class should be limited to individuals who purchased parking placards within one year of the filing of this action, because all other claims are time-barred by Connecticut’s one-year statute of limitations, Conn. Gen.Stat. § 4-148.

This Court has broad discretion in determining whether an action may be maintained as a class action. See King v. Kansas City Southern Indus., Inc., 519 F.2d 20, 24-25 (7th Cir.1975). Plaintiff, as the moving party, bears the burden of demonstrating that all requirements for class certification have been met. Guckenberger v. Boston Univ., 957 F.Supp. 306, 325 (D.Mass.1997). In ruling on plaintiffs motion for class certification, we are to base our determination on the allegations of plaintiffs complaint, which allegations are to be accepted as true. See Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 177-78, 94 S.Ct. 2140, 40 L.Ed.2d 732 (1974). Moreover, the Second Circuit has directed district courts to apply Rule 23 according to a liberal rather than a restrictive interpretation. Korn v. Franchard Corp., 456 F.2d 1206, 1208-09 (2d Cir.1972). Despite the liberal interpretation that this Court must give to Rule 23, however, we may certify a class action only after undertaking a “rigorous analysis” to assure that all of the requirements of Rule 23 have been met. Civic Ass’n of the Deaf of N.Y.C. v. Giuliani, 915 [332]*332F.Supp. 622, 632 (S.D.N.Y.1996) (citing General Tel. Co. of Southwest v. Falcon, 457 U.S. 147, 161, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982)); see also Valentino v. Carter-Wallace, Inc., 97 F.3d 1227, 1234 (9th Cir.1996)(holding that the district court abused its discretion in certifying a class where it merely reiterated the class action requirements rather than addressing the requirements of Rule 23 in the context of the specific action). After undertaking this rigorous analysis, we have little difficulty in holding that class certification is appropriate. A more difficult question, however, is the proper definition of the class.

Discussion

To maintain a class action under Fed. R.Civ.P. 23, plaintiff must first satisfy the four prerequisites of Rule 23(a), which provides:

One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

In addition to the four prerequisites of Rule 23(a), plaintiff must satisfy one of the three subsections of Rule 23(b), which provides:

An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition:
(1) the prosecution of separate actions by or against individual members of the class would create a risk of
(A) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class, or
(B) adjudications with respect to individual members of the class which would as a practical matter be disposi-tive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or
(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or
(3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy.

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Bluebook (online)
191 F.R.D. 329, 2000 U.S. Dist. LEXIS 3961, 2000 WL 301072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duprey-v-connecticut-department-of-motor-vehicles-ctd-2000.