Florida Court Allows Plaintiff Extensive Communication With Putative Class Members

A recent decision from the Southern District of Florida denied a motion seeking to limit plaintiffs' ability to contact putative class members to solicit support and evidence in support of a class certification motion.   In A.R. ex rel. Root v. Dudek, No. 12-cv-60460, 2013 WL 5278668 (S.D. Fla. Sept 19, 2013), plaintiffs alleged that certain state officials and a private health care company denied the plaintiffs—medically fragile children—certain Medicaid services by adopting a policy and practice of reducing private duty nursing services.  To support their motion for class certification, plaintiffs sent e-mails and other communications to putative class members encouraging them to participate, and circulated pre-written forms of sworn declarations for the families, parents, and caregivers of children receiving Medicaid benefits to execute.