Fort Walton Beach Council agenda — 08-08-2006 ‎(executive)‎ — reading text

device is clearly superior to other finds that the class procedural in this the cognizable injury to available forms of adjudication because case class is relatively small and it would be each member of the plaintiff unrealistic and cost- prohibitive for each class member to bring an individual action. See In re Auction House Antitrust Litigation, 193 F. R. D. 162, 168 2000). In addition, the constitutional issues raised are best S. D. N. Y. circuit court for clarity of the rd if rec:> an answered initially by a : single the appellate court. appeal is taken to with regard to The Defendant asserts that a manageability problem exists finds that of this class action is both classes. The Court management possible and appropriate in a single forum and unitary action overseen by a single judge. be issue in an appropriate case, this is Al though manageability may an The records and ordinances of each member of the de: endant not such a case. class may be easily accessed, and many have already become part of the instant class is finite and identifiable through public records record. The plaintiff maintained by The FIQrida Bar, and the members of the plaintiff class can reasonably be expected to be able to present proof of payment. The ity iden:. and location of each member of The Florida Bar can be electronically produced for ease of notice. Page 12 of 16 Pages P"98 12 of U P- 94t- CaUl 1'10. 03- 5425  It is clear to judicial officers involved in class actions that the horrible visions of case management soon. disappear by ~'lorking W1 th counsel irrespective of the increasing magnitude and complexity of cases being brought. In re Sugar Industry, 73 F. R. D. 322, 356- 57 ( D. Pa. 1976); see Transamerican Refining Corp. v. Dravo Corp., 130 F. R. D. 70, 76 ( S. D. Tx. 1990). Both sides are well organized, and although there are no obvious areas of concern, the Court believes that, should problems arise they can be handled. Even if it is eventually decided that damages must be determined on an individual basis, there are many avenues available. It ly would likt:! be establish formula for computing refunds, or that issue could be possible to a referred to a special master or a claims administrator. In neither case would it be necessary to conduct numerous mini- trials on the 1SSUe of refund amounts. Dismissal for management reasons, in view of the public interest II invol' ved in class act ions, should be the exceptior. rather than the rule. Manual for Complex Litigation, Part I Sl. 43 n. 72 ( 1977). and superiority issues become significant only when they Manageability create a si tuation that makes a class action less fair and ef ficient than other available techniques for resolving class members' claims. If management problems are only speculative, not evident in problems already experie~ced in the litigation, the certified. class In fact, should be dismissal for management reasons, in view of the public interest involved in class actions, should be the exception, rather than the rule. Tn re Folding Carton Antitrust Litigation, 75 F. R. D. 727, 734 ( N. D. III. 1977). VII I. THE DEFENDANT CLASS The defendant class established at the February 17, 2006, hearing consists of at least 200 Florida cities and approximately 35 Florida counties, each of which enacted an occupational license tax ordinance pursuant to the of authority contained in Chapter 205, Fla. Stat, the sole legislative grant Page 13 of 16 Pages h; e 13 of 16 Page. Ca.. No. 03- 5425  of such a local taxing ordinance. The Court authori ty for the imposition finds that the prosecution of other challenges to similar occupational taxing ordinances throughout the state would be an inefficient use of scarce judicial resources and would also incur the risk of inconsistent and varying individual members of both the plaintiff and adjudications concerning standards of conduct defendant classes which would establish incompatible entities. Rule 1.220( b} ( U ( A), fla. R. Civ. P. This critical among the taxing link that allows for an appropriate defendant fact establishes the juridical class to be certified. The Court' s findings and analysis above as to the requirements of Rule class compel the Court also to 1. 220( a) and ( b) with respect to the plaintiff each of Rule 1. 220 ( a) and ( b) has similarly been find that requirement satisfied with respect to the defendant class. It is thereupon CONSYDERED, ORDERED and ADJUDGED as follows: