Case 5:09-cv-00879-JRA Document 29 Filed 06/29/2009 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

DANIEL PILGRIM, et al. ) CASE NO. 5:09-cv-00879

)
Plaintiffs, ) JUDGE HON. JOHN R. ADAMS
)
vs. )
) DEFENDANT UNIVERSAL
UNIVERSAL HEALTH CARD, LLC, ) HEALTH CARD, LLC’S MOTION
et al. ) TO STRIKE CLASS
) ALLEGATIONS PURSUANT TO
Defendants. ) FED. R. CIV. P. 23(d)(1)(D)

Pursuant to Fed. R. Civ. P. 23(c)(1) and 23(d)(1)(D), Defendant Universal Health Card, LLC

moves for an order striking all class allegations from Plaintiffs’ Complaint to prevent wasteful class

discovery and class-certification proceedings.

Plaintiffs have failed to plead any facts which plausibly demonstrate that class certification is

appropriate pursuant to Fed. R. Civ. P. 23. Therefore, at this “early practicable time,” Fed. R. Civ. P.

23(c)(1)(A), this Court may strike the class allegations from Plaintiffs’ Complaint pursuant to Fed. R.

Civ. P. 23(d)(1)(D). Such an Order is appropriate because:

1. Plaintiffs’ proposed nationwide class is fatally overinclusive and unascertainable because it

includes thousands of customers who have not suffered any cognizable harm;

2. Plaintiffs’ claims preclude any possibility of common issues of law predominating because

they require the application of varying consumer fraud statutes and principles of unjust

enrichment from dozens of states;

3. Plaintiffs’ allegations require individualized inquires into the alleged misrepresentations

viewed by each putative class member, reasonable reliance, proximate cause, and the nature

of the benefits enjoyed, necessarily mandating that common issues of fact fail to

predominate over individualized issues;

4. Plaintiffs’ allegations demonstrate, on their face, that a class action will not be a superior and

manageable vehicle to adjudicate this dispute.

 Case 5:09-cv-00879-JRA Document 29 Filed 06/29/2009 Page 2 of 3

This Motion to Strike is based on this Motion, the concurrently filed supporting Memorandum of Law,

the Affidavit of Douglas Waikem dated June 29, 2009, and the other exhibits to the Memorandum of

Law.

DATED: June 29, 2009 Respectfully submitted,

TZANGAS, PLAKAS, MANNOS &

RAIES, LTD.

/s/ Gary A. Corroto

Lee E. Plakas (0008628)
Gary A. Corroto (0055270)
Edmond J. Mack (0082906)
John D. Ramsey (0083705)
220 Market Avenue South
Eighth Floor
Canton, Ohio 44702
Telephone: (330) 455-6112
Fax: (330) 455-2108
Email: lplakas@lawlion.com

Attorneys for Defendant Universal

Health Card, LLC

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 Case 5:09-cv-00879-JRA Document 29 Filed 06/29/2009 Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that a true and accurate copy of the foregoing has been filed and served

electronically on the 29th day of June 2009 upon all parties currently registered for this matter in the

Court’s electronic filing system.

/s/ Gary A. Corroto

Gary A. Corroto (0055270)

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