Alfaro v. Vardaris Tech, Inc.

The court did not abuse its discretion in denying partial summary judgment seeking to enforce the opt-out letters and in vacating the opt-out letters in light of the record evidence, which resulted in the inescapable inference that defendants drafted the letters and affidavits, and sent them to potential class members for the purpose of soliciting them to exclude themselves from the class (see Kleiner v First Natl. Bank of Atlanta, 751 F2d 1193, 1202-1203 [11th Cir 1985]; Wang v Chinese Daily News, Inc., 236 FRD 485, 487-489 [CD Cal 2006]; Impervious Paint Indus., Inc. v Ashland Oil, 508 F…