Frankiewicz v. Manhattan Cryobank, Inc.
- Rochon
- 1:20-cv-05157
- U.S. District Court · Southern District of New York
- 3
In Frankiewicz v. Manhattan Cryobank, Judge Rochon certified a purchaser class and allowed discovery after adopting an unobjected-to recommendation.
Andrea Frankiewicz and Ruth Perez, the certified class of people who purchased sperm from Manhattan Cryobank, Inc. after November 1, 2014 but before June 5, 2018 that had been donated to Manhattan Cryobank before November 1, 2014, and the two defendants.
What happened
In Frankiewicz v. Manhattan Cryobank, Inc., Andrea Frankiewicz and Ruth Perez sued Manhattan Cryobank, Inc. and CNTP MCB, Inc. over claims including breach of contract, breach of warranty, and unjust enrichment. The defendants had not answered or appeared, and the Clerk entered defaults against them.
A magistrate judge recommended certifying a class and allowing the plaintiffs to take discovery. No party objected within the required 14-day period, so the court reviewed the recommendation only for clear error.
Judge Jennifer L. Rochon adopted the recommendation in full, granted the motion for class certification, and granted the request for leave to take discovery. She appointed Frankiewicz and Perez as class representatives and Steckler Wayne Cherry & Love PLLC as class counsel. The certified class covers people who purchased sperm from Manhattan Cryobank after November 1, 2014, but before June 5, 2018, when the sperm had been donated to Manhattan Cryobank before November 1, 2014.
The detailed version
- Frankiewicz v. Manhattan Cryobank, Inc. · No. 1:20-cv-05157
- Rochon
- Sept. 6, 2023
Background
Andrea Frankiewicz and Ruth Perez brought this action individually and on behalf of similarly situated people against Manhattan Cryobank, Inc. and CNTP MCB, Inc. The plaintiffs asserted claims for breach of contract, breach of express warranty, unjust enrichment, and declaratory and injunctive relief under 28 U.S.C. § 2201. The defendants did not file an answer or otherwise appear. After the answer deadline passed, the Clerk entered certificates of default against both defendants.
The plaintiffs moved for class certification under Federal Rule of Civil Procedure 23 and requested permission to take discovery. The Court referred those matters and general pretrial management to a magistrate judge.
Magistrate Judge’s Recommendation and Review
The magistrate judge recommended granting the motion for class certification and the request for leave to take discovery. The recommendation advised the parties that objections were due within 14 days and that failing to object would waive the right to object and prevent appellate review. The plaintiffs served the recommendation on the defendants, and no party filed an objection.
Because there were no timely objections, the Court reviewed the recommendation for clear error on the record. The Court found that the recommendation was supported by the facts and law and was not clearly erroneous. It therefore adopted the recommendation in its entirety.
Ruling
The Court granted the plaintiffs’ motion for class certification and granted their request for leave to take discovery. It appointed Andrea Frankiewicz and Ruth Perez as class representatives and appointed Steckler Wayne Cherry & Love PLLC as class counsel.
The Court certified this class: “All persons who purchased sperm from Manhattan Cryobank, Inc. after November 1, 2014 but before June 5, 2018 that was donated to Manhattan Cryobank, Inc. prior to November 1, 2014.” The Court also stated that the lack of timely objections, despite clear notice, precluded appellate review of the decision. The Clerk was directed to terminate the filing identified as ECF No. 54.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.