ARTICLE · 07 JULY 2014

Offer Of Judgment Served Hours Before Motion For Class Certification Filed Moots TCPA Claim

Drinker Biddle & Reath LLP

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In Barr v. The Harvard Drug Grp., the court found that an offer of judgment served via email mooted the plaintiff’s claim.

United StatesLitigation, Mediation & Arbitration

In Barr v. The Harvard Drug Grp., LLC, 13-62019, 2014 U.S. Dist. LEXIS 79422 (S.D. Fla. June 11, 2014), the court found that an offer of judgment served via email mooted the plaintiff's claim despite the filing of a motion for class certification later that same day.

The class action complaint alleged that the defendant sent faxes in violation of the TCPA. The defendant served an offer of judgment on the plaintiff's attorneys via email on November 27, 2013, at 11:12 am and also via UPS. The defendant offered to pay $1,500 for each alleged violation of the TCPA, to pay any costs and reasonable attorneys' fees, and to stipulate to an injunction and the entry of a judgment against it. At 3:25 pm that same day, the plaintiff moved for class certification.

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