Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources
Civil Procedure
Mootness
Affirmed.
Where a defendant offered a plaintiff’s full request for relief under the Telephone Consumer Protection Act, before the plaintiff moved for class certification, the case is moot.
“To allow a case, not certified as a class action and with no motion for class certification even pending, to continue in federal court when the sole plaintiff no longer maintains a personal stake defies the limits on federal jurisdiction expressed in Article III. See Juvenile Male, 131 S. Ct. at 2864; Lewis v. Cont’l Bank Corp., 494 U.S. 472, 477-78 (1990); Holstein, 29 F.3d at 1147. That the complaint identifies the suit as a class action is not enough by itself to keep the case in federal court. Even when a ‘complaint clearly and in great detail describes the suit as a class action suit,’ if the plaintiff does not seek class certification, then ‘dismissal of the plaintiff’s claim terminates the suit.’ Turek v. General Mills, Inc., No. 10-3267, 2011 WL 4905732, at *1 (7th Cir. Oct. 17, 2011); see Bd. of Sch. Comm’rs of City of Indianapolis v. Jacobs, 420 U.S. 128, 129-30 (1975). After Clearwire made its offer, Damasco’s federal case was over. See Greisz, 176 F.3d at 1015.”
Affirmed.
10-3934 Damasco v. Clearwire Corp.
Appeal from the United States District Court for the Northern District of Illinois, Zagel, J., Rovner, J.
