Schwartz v. Dana Corp./Parish Div.

196 F.R.D. 275, 2000 U.S. Dist. LEXIS 11969, 2000 WL 1201371
CourtDistrict Court, E.D. Pennsylvania
DecidedAugust 8, 2000
DocketNo. CIV.A. 00-CV-2264
StatusPublished
Cited by7 cases

This text of 196 F.R.D. 275 (Schwartz v. Dana Corp./Parish Div.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schwartz v. Dana Corp./Parish Div., 196 F.R.D. 275, 2000 U.S. Dist. LEXIS 11969, 2000 WL 1201371 (E.D. Pa. 2000).

Opinion

OPINION AND ORDER

VAN ANTWERPEN, District Judge.

Plaintiff Thomas Schwartz (“Plaintiff’) brings this proposed class action against Dana Corporation/ Parish Division (“Defendant”). Plaintiff alleges violations of Pennsylvania’s Wire Tapping and Electronic Surveillance Control Act (“Wiretap Act”)1 arising from Defendant’s alleged electronic surveillance of oral communications by individuals at Dana Corporation/ Parish Division for approximately one week. Currently before the court is Plaintiffs Motion for Class Certification (“Pl.’s Mot. for Class Cert.”) by which he seeks to establish himself as the representative of the proposed class. The Court also has before it Defendant’s Motion in Opposition to Plaintiffs Motion (“Def.’s Opp.”).

I. BACKGROUND

Plaintiffs counsel is seeking class certification in a similar action against Dana Corporation, also involving alleged incidents of Wiretap Act violations.2 Our concurrent opinion in that case, Kline v. Security Guards, Inc., 196 F.R.D. 261 (E.D.Pa.2000) (Van Antwerpen, J.), thus provides much of the factual and legal analysis for our conclusions in the instant matter.

This action seeks damages from Dana Corporation/ Parish Division (“Dana”) for allegedly intercepting, unlawfully, oral communications for approximately one week via electronic surveillance. These allegedly intercepted communications were made by Dana employees. Following are material facts alleged by Plaintiff.

Dana Corporation’s Parish Division makes motor vehicle frames, including truck frames. PL’s Mot. for Class Cert, at 2. Workers are frequently injured in the course of normal duties and are unable to perform their normal job assignments. Id. Dana had a program that required all injured workers to report to Room 235; after signing in, some were assigned to light duty for the day and left Room 235. Id. Those remaining were required to stay there for the length of then-shifts. Id. at 3.

According to Plaintiff, Dana installed a concealed camcorder with a microphone in Room 235 to intercept and record audio conversations of injured workers in April 1994.3 PL’s Compl. at 11 6. At some point, the concealed camcorder was discovered by one or more injured workers and the surveillance ceased; Plaintiff estimates that the alleged electronic audio surveillance lasted for less than 10 days. Pl.’s Mot. for Class Cert, at 7. Plaintiff believes that up to 100 people had their conversations intercepted by Defendant during that time period. Pl.’s Compl. at K 32. At least one tape from the camcorder was played by a management executive at Dana. Id. at 1116.

Plaintiff proposes a class of “[a]ll persons whose conversations were intercepted or were attempted to be intercepted by electronic surveillance equipment in Room 235 at Dana Corporation’s Parish Division on or about the first week of April 1994.” Pl.’s Mot. for Class Cert, at 2. Plaintiff asserts that he is an adequate representative of the potential class and that his claims and defenses are typical of the claims and defenses of the other members of the proposed class. Pl.’s Compl. at HH 35-36.

II. DISCUSSION

Class actions are governed by Federal Rule of Civil Procedure 23. A plaintiff seeking class certification “must establish that all four requisites of Rule 23(a) and at least one part of Rule 23(b) are met.” Baby Neal v. Casey, 43 F.3d 48, 55 (3d Cir.1994); see Fed. R. Civ. P. 23. Rule 23(a) provides that:

[279]*279One or more members of a class may sue... 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, (8) the claims... of the representative parties are typical of the claims... of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

Id.

Plaintiff has moved for certification pursuant to Rule 23(b)(3). Rule 23(b)(3) is satisfied if 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.

Plaintiff bears the burden of proving that all of the requirements for certification have been met. See, e.g., Amchern Products v. Windsor, 521 U.S. 591, 614, 117 S.Ct. 2231, 138 L.Ed.2d 689 (1997); Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 163, 94 S.Ct. 2140, 40 L.Ed.2d 732 (1974). District courts must undertake a “rigorous analysis” to ensure that the putative class and its proposed representative satisfy each of the prerequisites to class certification. See Gen. Tel. Co. of Southwest v. Falcon, 457 U.S. 147, 161, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982). Baby Neal, 43 F.3d at 55; Sanneman v. Chrysler Corp., 191 F.R.D. 441, 445 (E.D.Pa.2000). Moreover, the court has broad discretion in determining whether a particular action complies with Rule 23. See Reiter v. Sonotone Corp., 442 U.S. 330, 345, 99 S.Ct. 2326, 60 L.Ed.2d 931 (1979).

For the reasons that follow, Plaintiffs motion for class certification is denied.

A. Rule 23(a)

1. Numerosity

Under Rule 23(a), a party seeking class certification must demonstrate that the proposed class is “so numerous that joinder of all members is impracticable.” FED. R. CIV. P. 23(a)(1). Courts have clarified this by holding that “‘impracticable does not mean impossible.’ ” Gantz v. White, No. CIV.A.89-5096, 1989 WL 119116, at *1 (E.D.Pa. Oct.6, 1989) (quoting 7A Charles A. Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure §§ 1762, at 159 (1986)). Furthermore, the exact number of class members need not be known for certification to be proper. See Hurt v. Philadelphia Hous. Autk, 151 F.R.D. 555, 559 (E.D.Pa.1993) (citing Nat’l Ass’n of Radiation Survivors v. Walters, 111 F.R.D. 595 (N.D.Cal.1986)).

Plaintiff estimates that approximately 100 people reported to Room 235 during the relevant time period based on the three shifts employed by Dana in April 1994. Pl.’s Mot. for Class Cert, at 9. Defendant maintains that Plaintiff has not offered any evidence aside from mere speculation that the proposed class is so numerous as to make joinder impracticable, and therefore has not met his burden. Def.’s Opp. at 15 n. 6.

Rule 23(a)(1) does not require any particular number, so long as a good faith estimate of the number of class members is provided. See In re Life USA Holding, Inc., 190 F.R.D. 359, 364 (E.D.Pa.2000).

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Bluebook (online)
196 F.R.D. 275, 2000 U.S. Dist. LEXIS 11969, 2000 WL 1201371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwartz-v-dana-corpparish-div-paed-2000.