Filed: Mar. 29, 2019
Latest Update: Mar. 29, 2019
Summary: MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR. , District Judge . Pending is plaintiff's motion for class certification, filed October 16, 2017. Plaintiff Hundley seeks to represent a class defined as: "All West Virginia consumers who purchased or renewed a membership from Defendant Air Evac from July 25, 2012 to the date of certification." Mot., ECF #78. Ms. Hundley does not seek class certification for all her claims, but only that under the West Virginia Consumer Credit and Prote
Summary: MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR. , District Judge . Pending is plaintiff's motion for class certification, filed October 16, 2017. Plaintiff Hundley seeks to represent a class defined as: "All West Virginia consumers who purchased or renewed a membership from Defendant Air Evac from July 25, 2012 to the date of certification." Mot., ECF #78. Ms. Hundley does not seek class certification for all her claims, but only that under the West Virginia Consumer Credit and Protec..
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MEMORANDUM OPINION AND ORDER
JOHN T. COPENHAVER, JR., District Judge.
Pending is plaintiff's motion for class certification, filed October 16, 2017.
Plaintiff Hundley seeks to represent a class defined as: "All West Virginia consumers who purchased or renewed a membership from Defendant Air Evac from July 25, 2012 to the date of certification." Mot., ECF #78. Ms. Hundley does not seek class certification for all her claims, but only that under the West Virginia Consumer Credit and Protection Act ("WVCCPA"). Memo. in Support, ECF # 79 at 2 n.1 ("Ms. Hundley is not seeking to certify her other claims, including her claim for common law bad faith or her claims for breach of contract against Air Evac and Defendant Med-Trans Corporation.").
The court this day entered a memorandum opinion and order in response to defendants' motions to dismiss, filed December 29, 2016 and February 2, 2017. The court therein dismissed plaintiff's WVCCPA claim. Accordingly, the claim for which plaintiff seeks to certify her class has been dismissed and her motion is moot.
It is, therefore, ORDERED that the plaintiff's motion for class certification be, and it hereby is, denied as moot.
The Clerk is directed to transmit a copy of this order to all counsel of record and any unrepresented parties.
