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Franco v. Allied Interstate LLC

Rule 68 Offer's Rejection Noted in Finding Plaintiff Is Inadequate Class Representative

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OPINION & ORDER Once again before the Court is plaintiff Gilberto Franco’s (“Franco” or “plaintiff’) motion for class certification, originally filed December 2, 2013. (ECF No. 42.) Following issuance of a Summary Order from the United States Court of Appeals for the Second Circuit reversing the Court’s prior denial of that motion, the Court accepted supplemental briefing from the parties. (ECF No. 117.) Having carefully considered the parties’ respective arguments, and for the reasons stated below, the Court concludes that plaintiff’s motion for certification must be denied.I. BACKGROUNDAs a result of two separate appeals to the Second Circuit, this action has a long and somewhat complicated history. What follows is a brief summary of the facts most relevant to resolution of the present motion.A. Complaint and Rejected Offer of JudgmentPlaintiff originally commenced this action against defendant Allied Interstate LLC (“Allied” or “defendant”), a national debt collection agency, on June 13, 2013. (ECF No. 1.) The operative complaint alleges, in sum, that defendant’s collection practices violate the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§1692, et seq. (See Am. Compl. 1, 2, 9, ECF No. 67.) Specifically, plaintiff alleges that defendant’s written communications warned debtors that they may be subject to wage garnishment of 15 percent of their pay. (Id.

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