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STEIN v. BUCCANEERS LTD. PARTNERSHIP

No. 13-15417.

772 F.3d 698 (2014)

Jeffrey STEIN, D.D.S., M.S.D., P.A. et al., Plaintiff-Appellant, v. BUCCANEERS LIMITED PARTNERSHIP, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 1, 2014.

Attorney(s) appearing for the Case

Joseph J. Siprut , Gregg M. Barbakoff , Siprut, PC, Chicago, IL, James M. Thomas , Law Office of James M. Thomas, Esq. PA, Dunedin, FL, for Plaintiff-Appellant.

Thomas Emerson Scott, Jr. , Scott Allan Cole , Cole Scott & Kissane, PA, Miami, FL, Barry Adam Postman , Justin C. Sorel , Cole Scott & Kissane, PA, West Palm Beach, FL, David Simon Cohen , Buccaneers Limited Partnership, Tampa, FL, for Defendant-Appellee.

Before MARTIN, Circuit Judge, and EATON, Judge, and HINKLE, District Judge.

HINKLE, District Judge:

This case presents the question whether a defendant may moot a class action through an unaccepted Federal Rule of Civil Procedure 68 offer of complete relief to the named plaintiffs — but not to class members — before the named plaintiffs move to certify the class. In the circumstances of this case, the answer is no. We join the majority of circuits that have addressed the issue.

I. The Proceedings...

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