Free Motion to Certify Class - District Court of Colorado - Colorado

Case 1:02-cv-01977-RPM

Document 99

Filed 06/23/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 02-CV-01977-RPM (Civil Action No. 02-CV-01978-RPM (Consolidated for pretrial purposes)) SPA UNIVERSAIRE, VACATION TAN & TRAVEL, DOUGLAS CHEESMAN, CARL LESHER, ROXANNE LEWIS, DENNIS LINDEMAN, DOUG MACKEY, LORI R. VALDEZ, and KENT FITZGERALD, individually and on Behalf of All Others Similarly Situated, Plain tiffs,

QWEST COMMUNICATIONS INTERNATIONAL INC., and QWEST CORPORATION, Defendants. PLAINTIFFS' MOTION FOR CLASS CERTIFICATION PURSUANT TO FED.R.CIV.P. 23

Plaintiffs Spa Universaire, Vacation Tan & Travel, Douglas Cheesman, Carl Lesher, Roxanne Lewis, Dennis Lindeman, Doug Mackey, Lori R. Valdez, and Kent Fitzgerald hereby move for an order certifying this case as a class action pursuant to Fed.R.Civ.P. 23. In accordance with Rule 23(a): (1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims of the representative parties are typical of the claims of the class; and (4) the representative parties will fairly and adequately protect the interests of the class. Additionally, in accordance with Rule 23(b)(3), the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and a class action is superior to other methods for the fair and efficient adjudication of the controversy. The specific details of the grounds for this motion are set forth in the accompanying

Case 1:02-cv-01977-RPM

Document 99

Filed 06/23/2006

Page 2 of 3

Memorandum in Support of Plaintiffs' Motion for Class Certification Pursuant to Fed.R.Civ.P. 23, the Affidavit of Thomas P. McMahon sworn to June 23,2006, and all prior proceedings in this matter.

Certificate of Corn~liance with Federal Rule 37(a)(2)(A) and Local Rule 7.1.A
Pursuant to Federal Rule 37(a)(2)(A) and D.C.COLO.LCivR 7.1.A' counsel for plaintiffs certify that on January 22, 2006 they conferred by telephone with counsel for defendants about the substance of this Motion and that defendants' counsel stated that defendants oppose this Motion. Counsel for defendants have not notified plaintiffs' counsel of any change in defendants' position since that time.
Dated: June 23,2006

Respectfully submitted, By: s/ Thomas P. McMahon Thomas P. McMahon JONES & KELLER, P.C. 1625 Broadway, 16th Floor Denver, Colorado 80202 Telephone: 303-573- 1600 Fax: 303-573-8133 E-mail: [email protected]

By:

s/ Randall K. Berger Peter S. Linden Randall K. Berger Andrew Watt KIRBY McINERNEY & SQUIRE, LLP 830 Third Avenue, 10th Floor New York, New York 10022 Telephone: (2 12) 3 17-2300 Fax: (2 12) 75 1-2540 E-mail: [email protected] and

Case 1:02-cv-01977-RPM

Document 99

Filed 06/23/2006

Page 3 of 3

Joseph P. Garland LAW OFFICE OF JOSEPH P. GARLAND 275 Madison Avenue 11th Floor New York, New York 100 16 Telephone: (2 12) 66 1-9400 Fax: (212) 213-1816 E-mail: JoeaJPGarlandLaw .com
Attorneys for Plaintiffs