Volino v. Progressive Casualty Insurance Company

Background

On April 7, 2023, Plaintiffs submitted a pre-motion letter asking the court to modify the class definition in its March 16, 2023, Opinion and Order granting Plaintiffs’ motion for class certification. The opinion does not state what change Plaintiffs sought.

Legal standard

Under Federal Rule of Civil Procedure 23(c)(1), a class-certification order may be altered or amended before final judgment. The court explained that modification ordinarily requires an intervening change in controlling law, new evidence, or a need to correct a clear error or prevent manifest injustice. The court stated that the same strict standard applies to reconsideration, which is not a way to relitigate old issues or present new theories. The court also noted that a reconsideration motion generally must be served within 14 days after the court’s ruling, under Local Rule 6.3 of the Southern and Eastern Districts of New York.

Court’s analysis

The court construed Plaintiffs’ pre-motion letter as a motion to modify the class under Rule 23(c)(1), or alternatively as a motion for reconsideration. It found that the motion did not identify an intervening change in controlling law, new evidence, clear error, or manifest injustice. The court also found the motion untimely because it was filed more than 14 days after the March 16, 2023, order.

Disposition

The court ordered that Plaintiffs’ request to modify the class definition was DENIED.