Lopez v. City of Santa Fe

206 F.R.D. 285, 2002 U.S. Dist. LEXIS 4769, 2002 WL 416375
CourtDistrict Court, D. New Mexico
DecidedMarch 13, 2002
DocketCIV. No. 01-1312 MV/DJS
StatusPublished
Cited by14 cases

This text of 206 F.R.D. 285 (Lopez v. City of Santa Fe) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lopez v. City of Santa Fe, 206 F.R.D. 285, 2002 U.S. Dist. LEXIS 4769, 2002 WL 416375 (D.N.M. 2002).

Opinion

MEMORANDUM OPINION

VAZQUEZ, District Judge.

THIS MATTER came before the Court on the Parties’ Joint Motion for Class Certification [Doc. No. 18] and Joint Motion for Order to Approve Stipulated Settlement [Doc. No. 30], and Defendant’s Unopposed Motion for Order Finalizing the Redistricting Plan and for Conduction of Municipal Elections [Doc. No. 16]. The Court, having considered the motions, briefs, relevant law and being otherwise fully informed, found the motions well taken and orally GRANTED the motions on February 19, 2002. The Court now sets forth in this memorandum opinion the bases for its earlier rulings.

BACKGROUND

Plaintiffs’ alleged in their First Amended Complaint [Doc. No. 8] that the population disparities among the electoral districts in the City of Santa Fe violated the constitutional mandate of one person one vote. Plaintiff Gloria Lopez, prior to the addition of Plaintiff Don Moya, II, in the First Amended Complaint, also filed a Motion for Preliminary Injunction [Doc. No. 5] in order to prevent the City from proceeding with its March elections under the alleged unconstitutional electoral districts. A hearing on this motion was scheduled for January 22-23, 2002, but was subsequently vacated at the request of the Parties due to settlement negotiations between the Parties.

After reaching a settlement agreement, the Parties filed a Joint Motion for Class Certification [Doc. No. 18], and Defendant filed an Unopposed Motion for Order Finalizing the Redistricting Plan and for Conduction of Municipal Elections [Doc. No. 16], both of which the Court took under advisement until the fairness hearing. The Parties also filed a Joint Motion for Order for Approval of Conditional Stipulated Settlement Order [Doc. No. 20], which the Court denied on February 5, 2002 [Doc. No. 24], because the Parties’ had not submitted a settlement agreement and had requested the Court to make factual findings without sufficient evidentiary support. The Parties subsequently filed a Joint Motion for Order to Approve Stipulated Settlement on February 15, 2002 [Doc. No. 30].

Pursuant to the Court’s instructions, the Parties gave Notice to the potential class of the motion for class certification, the proposed settlement agreement, and the fairness hearing. The Notice also advised potential [288]*288class members of their right to object to either the class certification or the settlement agreement by submitting a written objection to the Court and/or presenting the objection at the fairness hearing. The details of the Notice to the class are set forth in the Court’s Order Approving the Noticing Plan [Doc. No. 23].

The Court received written objections to either the class certification or the proposed settlement agreement from Thomas Day, Tracey Kimball, and Donado Cove Coviello. At the fairness hearing, which took place on February 19, 2002, the Court heard further objections from Frank Montano, Miguel Chavez, Charlie Griego, and Sagamaya Dandi. Mr. Coviello also presented his objections at the fairness hearing. In addition, the Court heard testimony from several witnesses in support of class certification and the settlement agreement, as well as oral arguments by both counsel for Plaintiffs and Defendant.

Having already thoroughly reviewed the Parties’ briefs and the relevant case law on the issues before the Court, and upon consideration of the various testimony and objections presented at the fairness hearing, the Court granted the Unopposed Motion for Order Finalizing the Redistricting Plan [Doc. No. 16], the Joint Motion for Class Certification [Doc. No. 18], and the Joint Motion for Order to Approve Stipulated Settlement [Doc. No. 30] at the end of the hearing in order to give the City and its registered voters some certainty regarding the March elections.

STANDARDS

I. Class Certification

A class must have the following prerequisites in order to be certified: “(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.” Fed.R.Civ.P. 23(a). In addition, because Plaintiffs seek injunctive relief, they must show that “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 ____” Fed.R.Civ.P. 23(b)(2). The party seeking class certification bears the burden of proving that the requirements of Rule 23 are satisfied. See Rex v. Owens ex rel. State of Oklahoma, 585 F.2d 432, 436 (10th Cir.1978).

II. Settlement Agreement

Rule 23(e) of the Federal Rules of Civil Procedure states that a “class action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs.” While the Rule is silent as to what standard the Court should use to review the settlement, the Tenth Circuit has held that the settlement must be “fair, reasonable and adequate.” Jones v. Nuclear Pharmacy, 741 F.2d 322, 324 (10th Cir.1984); see also Gottlieb v. Wiles, 11 F.3d 1004 (10th Cir.1993). In making this determination, the trial court must consider the following:

(1) whether the proposed settlement was fairly and honestly negotiated;
(2) whether serious questions of law and fact exist, placing the ultimate outcome of the litigation in doubt;
(3) whether the value of an immediate recovery outweighs the mere possibility of future relief after protracted and expensive litigation; and
(4) the judgment of the parties that the settlement is fair and reasonable.

Id.

DISCUSSION

Upon review of the Parties’ Joint Motion for Class Certification [Doc. No. 18] and the supporting Memorandum of Law [Doc. No. 19], as well as the various testimony presented at the fairness hearing, the Court finds that Plaintiffs have satisfied the requirements of numerosity, commonality, typicality, and adequacy of representation pursuant to Rule 23(a). Moreover, Defendant’s failure to [289]*289reapportion the electoral districts prior to the settlement of this civil matter satisfies Rule 23(b)(2).

A. Numerosity

The key factor in determining the impracticability of joinder is the size of the class. See Walco Invs., Inc. v. Thenen, 168 F.R.D. 315, 324 (S.D.Fla.1996).

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Bluebook (online)
206 F.R.D. 285, 2002 U.S. Dist. LEXIS 4769, 2002 WL 416375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-city-of-santa-fe-nmd-2002.