Fed. Sec. L. Rep. P 98,265 Fred Zeidman and Steven Youngelson v. J. Ray McDermott & Co., Inc.

RANDALL, Circuit Judge:

This appeal is brought by the two named plaintiffs in a suit filed as a class action but never certified as such. The court declined to certify the class because of the absence of sufficient evidence to meet the numerosity requirement of Federal Rule of Civil Procedure 23(a)(1). The plaintiffs submitted additional evidence on numerosity shortly after the court’s refusal to certify the class, but on the same day as the plaintiffs submitted this evidence the defendants tendered to the plaintiffs the full amount of their personal claims. The district court did not consider…