Birdsong v. City of Memphis

ORDER DENYING MOTION TO CERTIFY CLASS and GRANTING IN PART and DENYING IN PART DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS, OR, ALTERNATIVELY, FOR SUMMARY JUDGMENT

MCCALLA, District Judge.

Before the Court is Plaintiffs Rule 23 Motion to Certify Class, filed on March 8, 2002. Defendant filed a response on April 15, 2002, *637to which Plaintiff responded on May 18, 2002. At the Court’s request, Plaintiff and Defendant both filed supplemental memorandums of law concerning the commonality requirement for class certification on January 13, 2003.

Defendant also filed a Motion for Judgment on the…