Noonan v. Indiana Gaming Co.

217 F.R.D. 392, 2003 A.M.C. 1394, 2003 U.S. Dist. LEXIS 19636, 2003 WL 22004074
CourtDistrict Court, E.D. Kentucky
DecidedMay 28, 2003
DocketNo. 2:02-CV-194-WOB
StatusPublished
Cited by1 cases

This text of 217 F.R.D. 392 (Noonan v. Indiana Gaming Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Noonan v. Indiana Gaming Co., 217 F.R.D. 392, 2003 A.M.C. 1394, 2003 U.S. Dist. LEXIS 19636, 2003 WL 22004074 (E.D. Ky. 2003).

Opinion

ORDER

BERTELSMAN, District Judge.

This case is a class action complaint filed under Fed.R.Civ.P. Rule 9(h) by an employee of the defendant, alleging she was wrongly denied the continuation of maintenance benefits under admiralty law. Plaintiff seeks to represent a class of employees similarly denied benefits. This court has admiralty jurisdiction under 28 U.S.C. § 1333.

This matter is before the court on defendant’s motion to deny class certification (Doc. No. 6), and plaintiffs motion to compel responses to interrogatories (Doc. No. 8). The plaintiff filed her class action complaint on August 2, 2002 (Doc. No. 1), but has not yet moved for class certification. The parties have filed responses to each of the motions (Doc. Nos. 8 & 10). The parties expressly waived oral argument and requested this court to rule on the pending motions on the basis of the submitted briefs.

FACTUAL BACKGROUND

At this stage in the litigation, prior to discovery, there is little factual history in the record before the court. Plaintiff Noonan is an employee of defendant Indiana Gaming Company, L.P., d/b/a Argosy Casino (hereinafter “Argosy”), where she worked on the vessel M/V Argosy Casino. Noonan alleges that she was injured in the course of her employment.

According to the complaint, Noonan:

[Sjuffered illness or injury in the service of Defendant’s vessels and [was] thereafter paid maintenance benefits at Defendant’s standard rate which were prematurely terminated prior to maximum medical improvement being attained when Defendant returned Plaintiff to employment at light duty in order to avoid paying maintenance.

(No. 1 at ¶ 3). It appears that Noonan was placed on some form of leave for medical reasons and began collecting benefits. At some point Argosy brought her back to work [394]*394in a “light duty capacity.” Id. When she returned to work, Argosy stopped paying her maintenance benefits.

On the merits, Noonan alleges that she was wrongly denied the continuation of maintenance benefits after she returned to work, because she had not yet reached “maximum medical improvement” (No. 1 at ¶ 3). From the allegation in her complaint, Noonan’s argument seems to be that either (1) Argosy should have continued paying her maintenance benefits after returning her to light duty because she had not attained maximum medical improvement; or (2) Argosy should not have returned her to light duty before she reached maximum medical improvement, and only did so for the purpose of terminating her benefits.

Argosy has denied all of Noonan’s allegations and has not yet addressed the merits of the case.

Noonan seeks to represent a class of “crewmembers who have been deprived of maintenance by Defendant after returning to Defendant’s employ at a light duty job but before reaching maximum medical improvement” (No. 1 at 2). Noonan admits she does not yet have factual support for certification of the class, and argues that discovery is needed before a motion for certification becomes appropriate (No. 7 at 1).

ANALYSIS

For the court to certify a class action, the plaintiffs proposed class must first satisfy all four of the threshold requirements of Rule 23(a): numerosity, commonality, typicality, and adequacy of representation. If each of these four prerequisites is established, the plaintiff must then show that the class may be maintained under one of the theories available under Rule 23(b). The burden of establishing all of the necessary requirements rests on the party seeking class certification. In re Am. Med. Sys., Inc., 75 F.3d 1069, 1086 (6th Cir.1996).

The party seeking certification must move the court to formally certify the proposed class. Generally, the determination will be based on evidence beyond that provided in the pleadings. Id. at 1079. The party seeking certification must state basic facts to support each requirement of the Rule, beyond simply reciting the requirements in the pleadings. Id. The determination should be made “[a]s soon as practicable.” Fed. R.Civ.P. 23(c)(1). Either party may move the court for a determination. Gore v. Turner, 563 F.2d 159, 165 (5th Cir.1978). A district court is required to perform “rigorous analysis” of all of the requirements of Rule 23 before it may certify any class. Sprague v. Gen. Motors Corp., 133 F.3d 388, 397 (6th Cir.1998).

While in many cases it might be preferable at this stage for the court to permit discovery to gather facts supporting the allegations, in this case discovery regarding a class action would be futile. The plaintiff has not yet offered facts sufficient to support class certification; at the current stage, the pleadings do not support a finding that any of the requirements are met. But even under any discoverable set of facts, this proposed class could not meet all of the requirements. Noo-nan especially has difficulty demonstrating the typicality of the claims, the predominance of common questions of law or fact, and that a class action is a superior method for prosecuting the claims.

The prerequisites to a class action under Rule 23(a).

Each of the four threshold requirements must be met. Rule 23(a) provides:

Prerequisites to a Class Action. 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.

Fed.R.Civ.P. 23(a). Failure to establish any one of the four requirements will defeat the certification of the proposed class. The Sixth Circuit has held that “[m]ere repetition of the language of Rule 23(a) is not sufficient.” Id. at 1079.

[395]*395Noonan argues that her alleged class meets the requirements of Rule 23. Her allegations generally track the language of the Rule. Under the first prerequisite, Noo-nan argues that the precise number of class members need not be alleged, and that courts have found numerosity to be satisfied for classes as small as twenty-five members. Noonan next argues that there is a common question of law, whether a shipowner is required to pay maintenance to a crewmember who has returned to work at a light duty position before reaching maximum medical improvement. She also alleges a common question of fact pertains to all class members, who are allegedly fellow crewmembers who returned to light duty positions and had maintenance benefits terminated before reaching maximum medical improvement. Noonan contends the typicality requirement is satisfied because the claims of all class members will be based on the same legal theory.

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Cite This Page — Counsel Stack

Bluebook (online)
217 F.R.D. 392, 2003 A.M.C. 1394, 2003 U.S. Dist. LEXIS 19636, 2003 WL 22004074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noonan-v-indiana-gaming-co-kyed-2003.