Sawyer v. Atlas Heating and Sheet Metal Works, Inc.

Dist. Ct. did not err in denying defendant's motion to dismiss plaintiff's class action claim alleging violation of Telephone Consumer Protection Act where, although plaintiff's complaint was filed beyond applicable limitations period, plaintiff was potential class member in similar state-court class action that had been timely filed, but had been voluntarily dismissed before state court could resolve class certification question. Under American Pipe, commencement of prior class action suspends applicable statute of limitations period as to all asserted members of said class, and instant action was timely in light of said suspension. Ct. rejected defendant's argument that: (1) rule in American Pipe did not apply where first class action was voluntarily dismissed; or (2) dismissal of earlier class action precluded plaintiff from bringing anything other than individual claim.