3. Fed. R. Civ. P. 23(a) Certification
The district court has discretion to certify a class if, after a rigorous analysis, the court is satisfied that the requirements of Fed. R. Civ. P. 23 are met. Lee-Bolton v. Koppers Inc., 319 F.R.D. 346, 351, (N.D. Fla. Mar. 20, 2017).
Fed. R. Civ. P. 23(a) contains four prerequisites that must be satisfied under a rigorous analysis to proceed as a class action:
(a) One or more members of a class may sue or be sued as representative parties on behalf of all only if:
(1) the class is so numerous that joinder of all members of the class is impracticable;
(2) there are questions of law or fact common to the class;
(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and
(4) the representative parties will fairly and adequately protect the interests of the class.
All four of these elements required under Fed. R. Civ. P. 23(a) have been by Plaintiffs, as set forth below.
i. Numerosity - Rule 23(a)(1)
The test for numerosity is whether "the class [is] so numerous that joinder of all members is impracticable." Phillips v. Joint Legislature Comm. on Performance & Expenditure Review, 637 F.2d 1014, 1022 (5th Cir. 1981) [citing Ass'n for Disabled Americans, Inc. v. Amoco Oil Co., 211 F.R.D. 457, 462, (S.D. Fla. Feb. 19, 2002)].
“There exists no definite numerical standard as to what size class satisfies this numerosity requirement. [Garcia v. Gloor, 618 F.2d 264, 267 (5th Cir. 1980), cert. denied, 449 U.S. 1113, 66 L. Ed. 2d 842, 101 S. Ct. 923 (1981); David v. Showtime/Movie Channel, Inc., 697 F. Supp.