Wagner v. Central Louisiana Electric Co.

99 F.R.D. 279, 1983 U.S. Dist. LEXIS 14299
CourtDistrict Court, E.D. Louisiana
DecidedAugust 26, 1983
DocketCiv. A. No. 81-2112
StatusPublished
Cited by11 cases

This text of 99 F.R.D. 279 (Wagner v. Central Louisiana Electric Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wagner v. Central Louisiana Electric Co., 99 F.R.D. 279, 1983 U.S. Dist. LEXIS 14299 (E.D. La. 1983).

Opinion

CHARLES SCHWARTZ, Jr., District Judge.

Pursuant to Fed.R.Civ.Proc. 23(c)(1), plaintiffs moved for a determination that this suit, brought under the Sherman and Clayton Antitrust Acts, 15 U.S.C. §§ 1 and 15, be maintained as a Rule 23(b)(3) class action. A hearing was held on October 27, 1982 to consider plaintiff’s motion, whereupon the matter was taken under submission pending the receipt of memoranda from the parties.

Plaintiffs allege that in 1966 the defendants executed an agreement purportedly granting to the Washington-St. Tammany Electric Cooperative (“Co-op”) the exclusive right to service that portion of the City of Slidell lying east and south of a dividing line set forth in the agreement,1 and to the Central Louisiana Electric Company, Inc. (“CLECO”), the exclusive right to service that portion of the City lying west and north of said line. Plaintiffs further allege that the scope of the agreement extends beyond the City limits to encompass the surrounding area, and as such constitutes a conspiracy in restraint of trade in the form of a horizontal allocation of territory, violative of federal antitrust provisions. Plaintiffs seek treble damages pursuant to § 4 of the Clayton Act, 15 U.S.C. § 15. Orally and by amended complaint, plaintiffs withdrew their motion that the class be certified under Rule 23(b)(2).

Plaintiffs seek to represent past and present customers of CLECO residing outside the City of Slidell who are located in an area bounded on one side by the alleged dividing line of the agreement and on the other side by a line running roughly parallel to and approximately 2V2 miles north and west of said line, as set forth on a map.

[281]*281The proposed class is divided into five proposed subclasses, as set forth below:

1. Those past and present customers of CLECO within the geographical area which has defined the proposed class who were placed on line between 24 February 1966 and 31 March 1970.
2. Those past and present customers of CLECO within the geographical area which has defined the proposed class who were placed on line by CLECO after 31 March 1970 from a line, any part of which line was put up between 24 February 1966 and 31 March 1970 within the geographical area which has defined the proposed class.
3. Those past and present customers of CLECO within the geographical area which has defined the proposed class who were placed on line between 1 April 1970 and 31 April 1972 which extending line was not within 300 feet of an existing CLECO line.
4. Those past and present customers of CLECO within the geographical area which has defined the proposed class who were placed on line by CLECO after 31 April 1972 and to whom the Co-op would have already extended but for the unlawful Agreement, from lines which presently exist or which the Court can reasonably infer the Co-op would have already extended but for the unlawful Agreement.
5. Those past and present customers of CLECO within the geographical area which has defined the proposed class who were placed on line by CLECO prior to February 1966 who could have changed service to the Co-op between 22 February 1966 and 31 March 1970 but for the unlawful Agreement.

Plaintiffs’ Second Supplemental Memorandum at 24.

Plaintiffs allege that members of the proposed class “have been deprived of free and open competition in the distribution and sale of electric power and services, all to [their] detriment and loss” because of said agreement.

With respect to plaintiffs’ motion, after considering the requirements of Fed.R.Civ. Proc. 23 and applying such to the evidence, documentation and testimony adduced at the hearing, the Court denies the motion for class certification and the case will proceed as to the named plaintiffs.

THE REQUIREMENTS OF RULE 23.

Rule 23(a) sets forth certain requirements for all class actions. It 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, there are two implied prerequisites that must be met: the first is that a “class” must exist; the second, that the representatives .must be members of the class.

Plaintiffs must also satisfy the requirements of Rule 23(b)(3):

An action may be maintained as a class action if the prerequisites of subdivision (a) [above] are satisfied, and in addition: (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. The matters pertinent to the findings include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) the desirability of concentrating the litigation of the claims in the particular forum; (D) the difficulties likely to be encountered in the managemeiit of a class action.

[282]*282Plaintiffs have the burden of establishing that each of these prerequisites to class action is satisfied. EEOC v. D.H. Holmes Co., 556 F.2d 787, 791 (5th Cir.1977) cert. denied, 436 U.S. 962, 98 S.Ct. 3082, 57 L.Ed.2d 1129 (1978). In deciding the certification issues, the Court is guided by Alabama v. Blue Bird Body Company, Inc., 573 F.2d 309 (5th Cir.1978), which clarifies the type of proof plaintiffs must adduce in order to satisfy the requirements of Rule 23(b)(3).

THE IMPLIED REQUIREMENTS OF RULE 23(a).

The existence of a class is of course an essential prerequisite to maintaining an action under Rule 23. Consistent with the liberal construction intended for the rule, courts have not required that the class be so clearly ascertainable that every potential member can be readily identified at this stage of the litigation. Carpenter v. Davis, 424 F.2d 257, 260 (5th Cir.1970). On the other hand, the class must be sufficiently defined so as to enable the court to determine whether a particular individual is a member of the class. DeBremaecker v. Short, 433 F.2d 733

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Bluebook (online)
99 F.R.D. 279, 1983 U.S. Dist. LEXIS 14299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagner-v-central-louisiana-electric-co-laed-1983.