The plaintiff brought a motion to re-certify a class action and appoint a new representative plaintiff, nearly two years after the court had de-certified the action and given class counsel 60 days to find a suitable replacement.
The court found that the proposed new representative plaintiff lacked an appropriate costs indemnity agreement and was implicated in spreading falsehoods among the class.
The court dismissed the motion, holding that allowing a late change of representative plaintiff under these circumstances would be fundamentally unfair to the defendant and an abuse of process.
