Negron-Peluyera et al v. Santander Financial Services Inc., No. 3:2010cv02185 - Document 121 (D.P.R. 2012)

Court Description: OPINION AND ORDER: Granting 119 Motion for Reconsideration. Signed by Judge Gustavo A. Gelpi on 5/9/2012. (TC) Modified on 5/10/2012 as to title and to replace pdf as to name of Plaintiff.

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1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO 2 3 4 5 6 7 8 JESSICA NEGRON-PELUYERA, et al., Plaintiffs, v. Civil No. 10-2185 (GAG) SANTANDER FINANCIAL SERVICES, INC., Defendant. 9 10 OPINION AND ORDER 11 Presently before the court is Santander s ( Defendant ) motion for reconsideration of the 12 order denying its motion for certification of an interlocutory appeal (Docket No. 119). The court has 13 previously denied Defendant s motion to dismiss on mootness grounds and motion for certification 14 of an interlocutory appeal (Docket No. 103). In the present motion, Defendant specifically states 15 it is not seeking reconsideration of the denial of the motion to dismiss, but merely the denial of the 16 certification for an interlocutory appeal to the First Circuit. (See Docket No. 119 at 2.) However, 17 the court has on its own initiative reconsidered the issue of mootness argued in Defendant s previous 18 motions to dismiss and for reconsideration (Docket Nos. 87 & 92). At this time the court holds that 19 is initially erred, and thus vacates its original rulings (Docket Nos. 87, 92, & 103). It further finds 20 the case to be MOOT and GRANTS Defendant s motion to dismiss for the following reasons. 21 Defendant properly relies upon Cruz v. Farquharson, 252 F.3d 530 (1st Cir. 2001) in arguing 22 that once a defendant makes a full offer to the named plaintiffs in a purported class action, prior to 23 the class being certified, the case becomes moot. See id. at 533-34. The First Circuit made clear 24 that the class, in a purported class action, does not acquire its own legal status until the class has 25 been certified. See id. at 534. Therefore, if all claims of the named plaintiffs are resolved prior to 26 class certification, the case, as pertaining to the class, is moot. See id. at 533-34. In reaching this 27 decision, the First Circuit took care to note that nothing transpired between the date the defendant 28 offered complete relief to the plaintiff and the date district court ruled made its ruling. See id. at Civil No. 10-2185 (GAG) 1 2 533. 2 The present case is controlled by Cruz. Defendant offered the named plaintiffs full relief 3 after both the second and third amended complaints. (See Docket No. 119 at 10-11.) After the third 4 complaint, the purported class had not been certified and no other parties attempted to intervene in 5 the action. See Cruz, 252 F.3d at 533 (stating dismissal may be inappropriate if there was 6 intervention by additional parties or attempts to amend complaint). In this case, there was nothing 7 to change the circumstances between the parties between the time of the offer, after the third 8 amended complaint, and this ruling. Therefore, this court finds Cruz to be controlling and the case 9 must be DISMISSED. 10 11 SO ORDERED. 12 In San Juan, Puerto Rico this 9th day of May 2012. 13 S/Gustavo A. Gelpí 14 GUSTAVO A. GELPà 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28

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