Randall v. Ally Financial Inc.
| James Randall |
| Ally Financial Inc. |
| 3:2018cv30143 |
| August 29, 2018 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Filing 12 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered denying #7 Plaintiff's Motion to Remand. Defendant has met its burden of establishing a reasonable probability that the putative class includes more than 100 individuals and that the aggregate claims of the class exceed $5 million, the only two disputed requirements for application of the Class Action Fairness Act. Amoche v. Guarantee Trust Life Ins. Co., 556 F.3d. 41, 49 (1st Cir. 2009). The declarations offered by Defendant establish that in the four years prior to the filing of this suit, Defendant repossessed vehicles associated with approximately 1,500 accounts held by Massachusetts customers; Defendant's standard practice is to send post-repossession notices after all repossessions, and that none of the post-repossession notices Defendant sent during the relevant period included a statement about "fair market value," which Plaintiff contends was required. Defendant has also met its burden as to the amount in controversy. The preferred approach would have been for Defendant to calculate the amount of aggregate claims, since Defendant has access to the necessary data. However, Defendant's methodology of multiplying the individual damages claimed by Plaintiff by the number of individuals in the putative class has previously been found sufficient to demonstrate a reasonable probability and the court sees no basis in the record to require more here. See Manson v. GMAC Mortg., LLC, 602 F. Supp. 2d 289, 294 (D. Mass. 2009); Silverstein v. ING Bank, FSB, No. 12-10015-GAO, 2012 WL 4340587, at *1 (D. Mass. Sept. 21, 2012). (Healy, Bethaney) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by Ally Financial Inc.. (Hestin, Nellie) |
| Filing 10 Opposition re #7 MOTION to Remand to State Court filed by Ally Financial Inc.. (Attachments: #1 Exhibit 1 - Declaration of LeSade Grandberry)(Hestin, Nellie) |
| Filing 9 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #8 Motion for Extension of Time. (Bartlett, Timothy) |
| Filing 8 Joint MOTION for Extension of Time to 10/19/2018 to Respond to the Motion to Remand by Ally Financial Inc..(Hestin, Nellie) |
| Filing 7 MOTION to Remand to State Court by James Randall.(Moeslinger, Raven) |
| Filing 6 STATE COURT Record Ally Financial Inc. summons served on 7/30/2018, answer due 8/20/2018.. (Hestin, Nellie) |
| Filing 5 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #4 Motion for Extension of Time to File Response to plaintiff's complaint. ALLOWED. Response due by 10/18/2018 (Lindsay, Maurice) |
| Filing 4 Consent MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal, Plaintiff's Complaint by Ally Financial Inc..(Hestin, Nellie) |
| Filing 3 Remark: Mailed a certified copy of the Notice of Removal today to Defendants counsel for service on the State Court, in order to obtain the certified State Court record. (Lindsay, Maurice) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Lindsay, Maurice) |
| Filing 1 NOTICE OF REMOVAL by Ally Financial Inc. ( Filing fee: $ 400, receipt number 0101-7296835 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet, #6 Civil Cover Sheet Category Form)(Hestin, Nellie) |
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| Defendant: Ally Financial Inc. | |
| Represented By: | Nellie E. Hestin |
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| Plaintiff: James Randall | |
| Represented By: | Nicholas F. Ortiz |
| Represented By: | Raven Moeslinger |
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