Federal Class Action Against Bella Collina – amended (page 4 of 4)
The second prong of Rule 23(b)(3) requires Plaintiffs to show that “a class action is superior to other available methods fairly and efficiently adjudicating the controversy.” Fed. R. Civ. P. 23(b)(3). For this prong, the focus ‘is not on the convenience or burden of a class action suit per
Federal Class Action Against Bella Collina – amended (page 3 of 4)
“The typicality requirement in Fed. R. Civ. P. 23 measures whether a sufficient nexus exists between the claims of the named representatives and those of the class at large.
Federal Class Action Against Bella Collina – amended (page 2 of 4)
The two class definitions pled by Plaintiffs are sufficiently tailored to identify prospective class members without need for any individualized determinations to determine membership beyond certification that that the individual is or was a property owner in Bella Collina on the defined dates. This certification can be easily obtained by referencing public records.