context: Plaintiffs are thus precluded from asserting section 1981 claims on behalf of the putative Class. Plaintiffs' section 1981 Class claims are required to be dismissed for this reason.
citation_a.signal: see also
citation_a.identifier: 834 F.2d 1163, 1169
citation_a.parenthetical: "[T]o be a class representative on a particular claim, the plaintiff himself must have a cause of action on that claim."
citation_a.sentence: See Hardy v. Fischer, 701 F.Supp.2d 605, 611 n.5 (S.D.N.Y. 2010) (“In order for the [putative class action] complaint to surr vive this motion to dismiss, the allegations of at least one named plaintiff must state a claim for relief.”); Pruell v. Caritas Christi, No. 09-cv-11466, 2010 WL 3789318, at *4 (D. Mass. Sept. 27, 2010) (“To survive a motion to dismiss [in a putative class action], the allegations of at least one named plaintiff must state a claim for relief.”); Sheet Metal Workers 441 Health & Welfare Plan v. GlaxoSmithKline, 263 F.R.D. 205, 210 (E.D. Pa. 2009) (“[W]hen the named plaintiffl&cks a cause of action, the Court should dismiss the action before proceeding to class certification.”); Burks v. Arvest Bank, No. 4:06-cv-00551, 2006 WL 3512478, at *2(E.D. Ark. Dec. 6, 2006) (“Since the Court has dismissed the sole named Plaintiffs individual claims, the Court must dismiss the class allegations as well and no notice of this involuntary dismissal need be given' to any alleged unnamed class members.”); see also Zimmerman v. HBO Affiliate Group, 834 F.2d 1163, 1169 (3d Cir. 1987).(“[T]o be a class representative on a particular claim, the plaintiff himself must have a cause of action on that claim.”).
citation_b.signal: see
citation_b.identifier: 2006 WL 3512478, at *2
citation_b.parenthetical: "Since the Court has dismissed the sole named Plaintiffs individual claims, the Court must dismiss the class allegations as well and no notice of this involuntary dismissal need be given' to any alleged unnamed class members."
citation_b.sentence: See Hardy v. Fischer, 701 F.Supp.2d 605, 611 n.5 (S.D.N.Y. 2010) (“In order for the [putative class action] complaint to surr vive this motion to dismiss, the allegations of at least one named plaintiff must state a claim for relief.”); Pruell v. Caritas Christi, No. 09-cv-11466, 2010 WL 3789318, at *4 (D. Mass. Sept. 27, 2010) (“To survive a motion to dismiss [in a putative class action], the allegations of at least one named plaintiff must state a claim for relief.”); Sheet Metal Workers 441 Health & Welfare Plan v. GlaxoSmithKline, 263 F.R.D. 205, 210 (E.D. Pa. 2009) (“[W]hen the named plaintiffl&cks a cause of action, the Court should dismiss the action before proceeding to class certification.”); Burks v. Arvest Bank, No. 4:06-cv-00551, 2006 WL 3512478, at *2(E.D. Ark. Dec. 6, 2006) (“Since the Court has dismissed the sole named Plaintiffs individual claims, the Court must dismiss the class allegations as well and no notice of this involuntary dismissal need be given' to any alleged unnamed class members.”); see also Zimmerman v. HBO Affiliate Group, 834 F.2d 1163, 1169 (3d Cir. 1987).(“[T]o be a class representative on a particular claim, the plaintiff himself must have a cause of action on that claim.”).