Category Archives 23(e)

In Ingersoll v. Farmland Foods, Inc., 2012 WL 546100 (Nov. 7, 2012 W.D. Mo.), the Western District clarified the issue of whether defense counsel may communicate with a member of a certified class who is also representing himself pro se.  In that case, one of the named plaintiffs in a putative FLSA and MMWL class had ceased communicating with class counsel, who had then moved for and been granted leave to withdraw as his counsel.  The Court declared that the recalcitrant class representative, Mr. Truitt, would be expected to proceed pro se.  Following certification of the class, Farmland’s counsel contacted Mr. Truitt, who indicated he no longer wished to pursue his claims. After Mr. Truitt signed a Stipulation of Dismissal, class counsel asserted that defense counsel’s contacts were prohibited by Missouri’s rules of ethics and the dismissal was invalid.  Judge Gaitan disagreed, finding that Fed. R. Civ. P 23(e) did…

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