Case 3:13-cv-02519-GPC-WVG Document 48 Filed 09/22/14
Pursuant to Federal Rule of Civil Procedure 23, Plaintiff Art Cohen
(“Plaintiff”), by and through his undersigned counsel, respectfully moves for class certification. Plaintiff requests that the Court appoint him Class Representative and appoint his counsel to serve as Class Counsel pursuant to Rule 23(g).
Defendant Donald J. Trump promised prospective students across the country
the same thing: “both an institution with which [he] was integrally involved as well as an actual university with a faculty of professors and adjunct professors.’” Dkt. No. 21 at 10-11 (quoting ¶19).1 Through his eponymous “Trump University,” Trump delivered the same thing to all those whom he convinced to pay to enroll: neither himself nor a university. Despite his promises Trump played no meaningful role in selecting Trump University’s Live Events instructors or shaping its curricula. And throughout the years that Trump marketed this institution as “Trump University,” he did so in defiance of a personal directive from the New York State Education Department (“NYSED”) to stop referring to his institution as a “university” because it did not meet any of the qualifications for this title. Ex. 1.2 As the Court has recognized, Plaintiff has distilled these allegations into a Complaint that “alleges a single cause of action under a federal statute, alleging fraud and racketeering on behalf of a nationwide class.” Dkt. No. 21 at 7.
If Plaintiff can prove his allegations, he and the rest of the proposed class will prevail. If not, Trump will prevail. What this means is that this case can be litigated one time for thousands, or it can be litigated one at a time by thousands. Plaintiff’s Complaint was strong enough to defeat all of Trump’s arguments to dismiss it – even
Here, and throughout, references to “¶” or “¶¶” are to the Complaint for Violations 25 of 18 U.S.C. §1962(c) (“Complaint”) (Dkt. No. 1), unless otherwise noted.
Here, and throughout, unless otherwise noted, references to “Ex.” are to the exhibits attached to the Declaration of Jason A. Forge in support of the instant motion, filed concurrently herewith, and emphasis is added and internal citations and quotations are omitted.