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Joshlin v. Gannett River States Publishing Corp.

Citations: 152 F.R.D. 577; 1993 WL 551153Docket: No. LR-C-92-66

Court: District Court, E.D. Arkansas; January 7, 1993; Federal District Court

Narrative Opinion Summary

This case involves Plaintiffs' allegations against Gannett River States Publishing Corporation for failing to provide proper notice of termination due to a plant closure, as required by the Worker Adjustment and Retraining Notification Act (WARN). Plaintiffs sought to amend the complaint and obtain class certification for the individuals affected by the closure. The Court granted the motion to amend the complaint, allowing additional Plaintiffs to be included, as it did not alter the substantive legal issues. However, the Court denied the motion for class certification. Plaintiffs failed to comply with Local Rule 24, which mandates filing for class certification within 90 days of the initial complaint, and the Court found no justification to overlook this procedural lapse. Additionally, the Plaintiffs did not meet the numerosity requirement of Federal Rule of Civil Procedure 23(a)(1) since they could not demonstrate that a class action was necessary given that all potential class members were named Plaintiffs. Consequently, the Court directed the Clerk to file the amended complaint and considered Defendants' previous answers applicable to all Plaintiffs.

Legal Issues Addressed

Amendment of Complaint

Application: The Court permits the amendment of the complaint to include additional Plaintiffs, aligning with interests of justice and not introducing new legal issues.

Reasoning: The Court grants the motion to amend the complaint to include additional Plaintiffs, as it aligns with the interests of justice.

Class Certification Requirements under Local Rule 24

Application: The Court denied class certification due to Plaintiffs' failure to comply with the 90-day filing requirement, underscoring the importance of procedural adherence.

Reasoning: The Court found no good cause to overlook the procedural delay, concluding that the motion for class certification was filed 172 days post-complaint, thus denying the request for class certification.

Federal Rule of Civil Procedure 23(a)(1) – Numerosity Requirement

Application: The Court determined Plaintiffs did not satisfy the numerosity requirement as they failed to demonstrate that the proposed class size was impracticable for joinder.

Reasoning: The Court finds that Plaintiffs have not satisfied the requirements of Rule 23(a)(1) of the Federal Rules of Civil Procedure, which necessitates a demonstration that the class is so numerous that joining all members is impracticable.

Worker Adjustment and Retraining Notification Act (WARN) Compliance

Application: The case examines Defendants' compliance with WARN requirements, specifically regarding timely notification of plant closure to employees.

Reasoning: The case involves allegations against Defendants, particularly Gannett River States Publishing Corporation, for failing to notify Plaintiffs of their impending termination due to a plant closure, as required by the Worker Adjustment and Retraining Notification Act (WARN).