PICHLER v. UNITE

STEWART DALZELL, District Judge

AND NOW, this 31st day of May, 2005, upon consideration of plaintiffs' motion for class certification (docket entry # 56), their memorandum in support thereof, defendants' memoranda in opposition thereto, plaintiffs' reply brief, the declarations of Paul R. Rosen, Michael S. Friedman, and Thomas M. Kennedy, the affidavits of Joseph E. Kolick and Ahmer Qadeer, and the complete depositions of the named plaintiffs, the defendants' representatives, and Greg Hart, Jo Naccarato, and John Rea, and in accordance with the accompanying Memorandum and Fed.R.Civ.P. 23(c)(1)(A) and (g)(1)(A), it is hereby ORDERED that:

1. The claims of Kathleen Kelly, Carri Daubert, and Deborah Sabastro are DISMISSED for lack of standing;

2. Plaintiffs' motion for class certification is GRANTED IN PART;

3. Pursuant to Fed.R.Civ.P. 23(b)(3), a class is CERTIFIED to consist of: All persons whose license plate numbers were used by UNITE, directly or indirectly, individually or jointly, as part of an effort to knowingly obtain, use and/or disclose personal information from motor vehicle records between July 1, 2002 and August 2, 2004;

4. Spector Gadon Rosen, P.C. is APPOINTED as class counsel; and

5. Counsel shall be prepared to discuss all issues relating to notice to the class at tomorrow's conference in chambers at 4:00 p.m.