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DOWNING v. GLOBE DIRECT LLC

No. 11-2075.

682 F.3d 18 (2012)

Matthew K. DOWNING, Plaintiff, Appellant, v. GLOBE DIRECT LLC, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 4, 2012.

Attorney(s) appearing for the Case

Ian J. McLoughlin, with whom Edward F. Haber,   Norman M. Monhait, Rosenthal, Monhait & Goddess, PA, and Shapiro Haber & Urmy LLP were on brief, for appellant.

Joel A. Mintzer, with whom Stephen M. Ferguson,   George Freeman, New York Times Company, Lisa Anne Furnald,   Andrea K. Naef,   Chad Michael Shandler, Richards, Layton & Finger, PA, and Robins, Kaplan, Miller & Ciresi were on brief, for appellee.

Before BOUDIN, Circuit Judge, SOUTER, Associate Justice, and STAHL, Circuit Judge.

STAHL, Circuit Judge.

In this putative class action brought by Matthew K. Downing alleging that Globe Direct LLC violated the Driver's Privacy Protection Act (DPPA), 18 U.S.C. §§ 2721-25, the district court granted Globe Direct's motion on the pleadings based on Downing's failure to join the Commonwealth of Massachusetts, which the court found to be an indispensable party. Even if we were to assume that the district court abused its discretion in so finding...

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