ROBINSON v. TEXAS AUTO. DEALERS ASS'N

No. 03-40691.

387 F.3d 416 (2004)

Bert A. ROBINSON, on Behalf of Themselves and All Others Similarly Situated; Mary Luman, on Behalf of Themselves and All Others Similarly Situated; Toyia Urbaniak, on Behalf of Themselves and All Others Similarly Situated; Kirk T. Garner, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellees, v. TEXAS AUTOMOBILE DEALERS ASSOCIATION; et al., Defendants, Texas Automobile Dealers Association; Allison Chevrolet, Doing Business as Allison Chevrolet Oldsmobile; Bass Chevrolet, Doing Business as Peters Chevrolet; Mike Pile Autoplex, Doing Business as Mike Pile Jeep-Eagle; Alford Chevrolet-Geo; et al.; Plains Chevrolet, Inc., Doing Business as High Plains Auto Center; Westgate Chevrolet, Doing Business as Westgate Kia, Doing Business as Ray Jones Chevrolet; W.O. Bankston Lincoln-Mercury, Inc., Doing Business as W.O. Bankston Lincoln-Mercury Saab, Inc.; W.O. Bankston Nissan; Bankston Nissan in Irving, Inc.; et al.; Gene Messer Cadillac; Gene Messer Imports; Gene Messer Ford, Inc., Doing Business as Gene Messer Kia, Doing Business as Credit Connection, Doing Business as Ford Esp. SW Reg. Proc. Ctr., Doing Business as Gene Messer Volkswagen; Gene Messer Ford of Amarillo, Inc., Doing Business as Gene Messer Cadillac, Doing Business as Gene Messer Jeep/Eagle; Foyt Motors, Inc., Doing Business as A.J. Foyt Honda; SMC Luxury Cars, Inc., Doing Business as Sterling McCall Lexus; Southwest Toyota, Inc.; Rodeo Chrysler-Plymouth, Inc., Doing Business as Rodeo Dodge, Doing Business as Village Chrysler-Plymouth; Mike Smith Autoplaza, Doing Business as Mike Smith Honda, Doing Business as Mike Smith Mitsubishi, Doing Business as Mike Smith Jeep/Eagle; Town North Imports, Doing Business as Town North Mitsubishi; Town North Nissan; Town North Suzuki, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 5, 2004.


Attorney(s) appearing for the Case

John True Smithee (argued), Robert L. Templeton, Joe W. Hayes, Templeton, Smithee, Hayes, Fields, Young & Heinrich, Amarillo, TX, Keith M. Welch, Simon, Fitzgerald, Cooke, Reed & Welch, J. Patrick Hennessy, Peters, Ward, Bright & Hennessy, Shreveport, LA, Mark L.D. Wawro, Geoffrey L. Harrison, Susman Godfrey, Houston, TX, Mary Nicole Strimel, Cohen, Milstein, Hausfeld & Toll, Washington, DC, W. Franklin Jones, Jr., Jones & Jones, Mike C. Miller, Law Office of Mike Miller, Marshall, TX, Damon Michael Young, Sr., Young, Pickett & Lee, Texarkana, TX, for Plaintiffs-Appellees.

Robert T. Mowrey (argued), Cynthia Keely Timms, Thomas George Yoxall, Locke Liddell & Sapp, Dallas, TX, Michael C. Holmes, Walter B. Stuart, IV, Penelope E. Nicholson, Jason Michael Powers, Vinson & Elkins, Houston, TX, Daniel F. Katz, Beth A. Levene, Williams & Connolly, Washington, DC, for all Defendants-Appellants.

Before SMITH, EMILIO M. GARZA and PICKERING, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

The Texas Automobile Dealers Association ("TADA") and some of its members appeal,1 pursuant to Fed.R.Civ.P. 23(f), the conditional certification of a plaintiff class of millions of consumers who have purchased a car in Texas since 1994. Because the proposed class does not meet the requirements of Fed.R.Civ.P. 23(b)(3), we reverse the certification and remand.

I.

Effective January 1, 1994...

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