Court filing
Motion to Certify Class filed by Kristina Henderson, Jahbrael Horne — Marshall v. Prestamos CDFI, LLC (Dkt. 138, E.D. Pa. No. 5:21-cv-04337)
Filed September 6, 2024 in Marshall v. Prestamos CDFI, LLC; one of 344 filings from this case.
Record facts
| Court | U.S. District Court for the Eastern District of Pennsylvania |
|---|---|
| Filed | 2024-09-06 |
U.S. District Court for the Eastern District of Pennsylvania · No. 5:21-cv-04337-JMG · Doc. 138 · 2024-09-06 · Docket on CourtListener
Full text
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ALICIA MARSHALL, et al., individually and on behalf of all others similarly situated, Plaintiffs, v. PRESTAMOS CDFI, LLC, Defendant. Civil Action No. 5:21-cv-04337-JMG PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION Plaintiffs1 Alicia Marshall, Paris Townsend, Kristina Henderson, Jamie Jones, John Martin, Gregory Lloyd, Alyshia Johnson, Lametria Marvel, Jahbrael Horne and Sharon Bradley Smith (collectively, “Plaintiffs”), respectfully submit this motion seeking to certify the following class pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure and the Court’s Amended Scheduling Order (ECF No. 123 at ¶ 1(d)) (the “Damages Class”): Damages Class: all persons and entities in California, Michigan, Arizona, Utah, Texas, Indiana, Mississippi and New York (collectively, the “Class Member States”) who, in 2021, applied for PPP loans with defendant Prestamos as the lender for whom the SBA provided a SBA loan number, and who executed and submitted their Loan Documents and provided to Prestamos all required loan documentation, but as to whom Prestamos both failed to disburse the PPP loan proceeds and reported to the SBA that the loan proceeds were disbursed. In addition, Plaintiffs also seek to certify the following class pursuant to Rules 23(a) and (b)(2) of the Federal Rules of Civil Procedure (the “Declaratory Judgment Class”): Declaratory Judgment Class: all persons and entities in the Class Member States who, in 2021, applied for PPP loans with defendant Prestamos as the lender for whom the SBA provided a SBA loan number, and who executed and submitted their Loan Documents 1 Unless otherwise noted, all capitalized terms have the meaning set forth in the Table of Abbreviations in Plaintiffs’ brief in support of class certification filed herewith. Case 5:21-cv-04337-JMG Document 138 Filed 09/06/24 Page 1 of 5 2 and provided to Prestamos all required loan documentation, but as to whom Prestamos both failed to disburse the PPP loan proceeds and reported to the SBA that the loan proceeds were disbursed. Excluded from the Classes are defendant Prestamos and its corporate parent CPLC; any of their affiliates and entities in which they have a controlling interest; any of their agents and employees; any Judge to whom this action is assigned; and any member of such Judge’s staff and immediate family. In support of this motion, Plaintiffs are simultaneously filing and incorporate herein their accompanying brief, Plaintiffs’ Appendix in Support of Class Certification and the documents and exhibits attached to Plaintiffs’ Appendix which include: Ex. 1 -- the Loan Document Contract Between Prestamos and Plaintiff Marshall Ex. 2 -- the Loan Document Contract Between Prestamos and Plaintiff Townsend Ex. 3 -- the Loan Document Contract Between Prestamos and Plaintiff Henderson Ex. 4 -- the Loan Document Contract Between Prestamos and Plaintiff Jones Ex. 5 -- the Loan Document Contract Between Prestamos and Plaintiff Martin Ex. 6 -- the Loan Document Contract Between Prestamos and Plaintiff Lloyd Ex. 7 -- the Loan Document Contract Between Prestamos and Plaintiff Johnson Ex. 8 -- the Loan Document Contract Between Prestamos and Plaintiff Marvel Ex. 9 -- the Loan Document Contract Between Prestamos and Plaintiff Horne Ex. 10 -- the Loan Document Contract Between Prestamos and Plaintiff Smith Ex. 11 -- the Report of William M. Manger, Jr. (“Manger”) dated July 12, 2024 Ex. 12 -- the Report on Damages Methodology Professor Steven P. Feinstein, Ph.D., CFA (“Feinstein”) dated July 12, 2024 Ex. 13 -- the Report of William Briggs (“Briggs”) dated July 12, 2024 Case 5:21-cv-04337-JMG Document 138 Filed 09/06/24 Page 2 of 5 3 Ex. 14 -- the Rebuttal Report of Manger dated Aug. 9, 2024 Ex. 15 -- the Rebuttal Report of Feinstein dated Aug. 9, 2024 Ex. 16 -- the Rebuttal Report of Briggs dated Aug. 9, 2024 Ex. 17 -- Plaintiffs’ Proposed Trial Plan Ex. 18 -- Joint Declaration of Plaintiffs in Support of Plaintiffs’ Motion for Class Certification Ex. 19 -- Excerpts From Phase I Deposition Testimony Ex. 20 -- Declaration of Lawrence J. Lederer in Support of Plaintiffs’ Motion for Class Certification Ex. 21 -- Declaration of Justin Heller in Support of Plaintiffs’ Motion for Class Certification Ex. 22 -- law firm resume of Bailey & Glasser, LLP Ex. 23 -- law firm resume of Nolan Heller Kauffman LLP Ex. 24 -- Chart Identifying the Elements of Plaintiffs’ Contract Claims in Pennsylvania (the forum state) and the Class Member States Ex. 25 -- SBA Form 1502 instructions and 1502 reports Prestamos submitted to the SBA concerning Plaintiffs’ PPP loans Ex. 26 -- PAR forms Prestamos submitted to obtain advances from the PPPLF to fund Plaintiffs’ loans Ex. 27 -- Spreadsheets Produced by Prestamos Identifying Class Members Ex. 28 -- SBA PPP Loan Forgiveness Application Form 3508-S Ex. 29 -- SBA Forgiveness Platform Lender Submission Metrics Ex. 30 -- Prestamos’ Second Interrogatories to Plaintiffs. Case 5:21-cv-04337-JMG Document 138 Filed 09/06/24 Page 3 of 5 4 Dated: September 6, 2024 Respectfully submitted, Bailey & Glasser LLP By: /s/ Lawrence J. Lederer Lawrence J. Lederer (Pa. ID 50445) Bart D. Cohen (Pa. ID 57606) 1622 Locust Street Philadelphia, PA 19103 T.: 202.463-2101 F.: 202.463-2103 llederer@baileyglasser.com bcohen@baileyglasser.com Bailey & Glasser LLP Michael L. Murphy (admitted pro hac vice) 1055 Thomas Jefferson Street NW, Suite 540 Washington, DC 20007 T.: 202.463-2101 F.: 202.463-2103 mmurphy@baileyglasser.com and Nolan Heller Kauffman LLP Justin A. Heller (pro hac vice) Matthew M. Zapala (pro hac vice) Gregory Zini (pro hac vice) 80 State Street, 11th Floor Albany, NY 12207 T: (518) 449-3300 F: (518) 432-3123 jheller@nhkllp.com mzapala@nhkllp.com gzini@nhkllp.com Attorneys for Plaintiffs and the Proposed Classes Case 5:21-cv-04337-JMG Document 138 Filed 09/06/24 Page 4 of 5 CERTIFICATE OF SERVICE I hereby certify that on the 6th day of September, 2024, the foregoing was electronically filed and served through the Court’s CM/ECF system to counsel of record. /s/ Lawrence J. Lederer Lawrence J. Lederer Case 5:21-cv-04337-JMG Document 138 Filed 09/06/24 Page 5 of 5
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