Mooting Plaintiff's Class Action Even After Plaintiff Refuses An Offer Of Judgment

For years, litigants have battled over whether a defendant's offer of judgment, which completely satisfies the plaintiff's individual claim, can moot a class action. In Campbell-Ewald v. Gomez, 136 S. Ct. 663 (2016), the U.S. Supreme Court recently held that no case is mooted when a plaintiff refuses to accept an offer of judgment.  The Supreme Court, however, left open the question of what happens when a defendant follows through with its offer by tendering complete individual relief, depositing the monetary relief with the court, and moving for entry of judgment.

The Southern District of New York recently addressed this precise issue in Leyse v. Lifetime Entertainment Services, LLC, Case No. 13-civ-5794 (S.D.N.Y. March 17, 2016).  In that case, the plaintiff sued on a class action basis for alleged violation of the Telephone Consumer Protection Act ("TCPA"), the same claim at issue in Campbell.  After the trial court denied the plaintiff's motion for class