Walsh v. Pittsburgh Press Co.

160 F.R.D. 527, 1994 U.S. Dist. LEXIS 20479, 1994 WL 777169
CourtDistrict Court, W.D. Pennsylvania
DecidedDecember 13, 1994
DocketCiv. A. No. 94-0941
StatusPublished
Cited by8 cases

This text of 160 F.R.D. 527 (Walsh v. Pittsburgh Press Co.) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walsh v. Pittsburgh Press Co., 160 F.R.D. 527, 1994 U.S. Dist. LEXIS 20479, 1994 WL 777169 (W.D. Pa. 1994).

Opinion

OPINION

AMBROSE, District Judge.

Pending before the Court is the Motion of Plaintiffs, Lawrence Walsh and Joan Moore, for Class Certification Pursuant to Fed.R.Civ.P. 23. Plaintiffs initiated this civil action on June 6, 1994, against Defendants, Pittsburgh Press Company, the Pittsburgh Press Dismissal and Death Benefits Plan, The Pittsburgh Press Company Severance Benefit Plan, and Scripps Howard, Inc., to collect certain dismissal and severance benefits, vacation pay and bonuses, and for damages for failure to provide requested information under the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. Jurisdiction is pursuant to 28 U.S.C. §§ 1331 and 1367, and 29 U.S.C. § 1132(e). For the reasons set forth below, Plaintiffs’ Motion for Class Certification will be granted.

[529]*529Plaintiffs’ proposed class' includes “all Press employees terminated as a result of the December, 1992 closure of the Press who were not paid dismissal benefits under the Dismissal Pay Plan and/or severance benefits under the 1992 Severance Plan.” (Complaint, ¶ 11) Defendants oppose the certification of this class.

In determining whether this proposed class should be certified, we are guided by Fed.R.Civ.P. 23 which provides:'

(a) 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.
(b) Class Actions maintainable. 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 dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; 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. 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 or undesirability of concentrating the litigation of the claims in the particular forum; (D) the difficulties likely to be encountered in the management of a class action.

Fed.R.Civ.P. 23.

It is Plaintiffs’ burden, as the moving party, to establish that all of the requirements of Rule 23 have been met. Hoffman Elec., Inc. v. Emerson Elec. Co., 754 F.Supp. 1070, 1075 (W.D.Pa.1991). “[I]n a doubtful case any error, if there is to be one, should be committed in favor of allowing the class action.” Id. Usually, the requirements under Fed.R.Civ.P. 23(a) are addressed with reference to the following categories: numerosity, commonality, typicality, and adequacy of representation. See Id. at 1075-78. See also Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 94 S. Ct. 2140, 40 L.Ed.2d 732 (1974). Plaintiffs argue that the putative class should be certifiéd pursuant to Rule 23(b)(3) as opposed to Rule 23(b)(2). Thus, we must address the additional issues of: (1) predominance of the common questions of law or fact pertaining to the class as opposed to individual questions, and (2) whether a class action is superi- or to other available methods for the fair and efficient adjudication of the controversy. Hoffman, 754 F.Supp. at 1078-79, citing Fed.R.Civ.P. 23(b)(3); Eisen, 417 U.S. at 163, 94 S.Ct. at 2145.

1. Numerosity

The numerosity requirement is met if the class is “so numerous that joinder of all members is impracticable.” Hoffman, 754 F.Supp. at 1075. “Impractical, however, does not mean impossible.” Id. The class proposed by Plaintiffs consists of approximately 300 non-union former Press employees. (Plaintiffs’ Brief at 2) Defendants claim that Plaintiffs have failed to meet the numerosity requirement for two reasons: (1) Plaintiffs have failed to provide a consistent defini[530]*530tion of the members of the class, and (2) joinder of all claimants is not impracticable. (Defendants’ Brief in Opposition, pp. 11-12) We find Defendants’ arguments unpersuasive. Plaintiffs have defined a clearly discernable class of nearly 300 individuals.1 Joinder of all of these people, most of whom are not presently represented by counsel, would be impracticable.

2. Common Questions of Law and Fact

The common questions of law and fact that are present in the action included whether a specified class of former Pittsburgh Press employees are entitled to dismissal pay, severance pay, and vacation pay. Defendants argue that specific factual issues which “turn on individual oral communications, informal agreements and understandings, or other matters not susceptible to objective proof,” exist which preclude a finding of commonality. (Defendants’ Brief in Opposition, pp. 20-21) We find that Defendants’ argument is without merit because it addresses the potential damages that each claimant may recover, rather than whether common questions of law and fact exist. We conclude that Plaintiffs have satisfied their burden in demonstrating commonality.

3. Typicality

“Typicality exists when the legal or factual positions of the class representatives are sufficiently similar to the legal or factual positions of the other class members.” Welch, 146 F.R.D. at 135.

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Cite This Page — Counsel Stack

Bluebook (online)
160 F.R.D. 527, 1994 U.S. Dist. LEXIS 20479, 1994 WL 777169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walsh-v-pittsburgh-press-co-pawd-1994.