Bais Yaakov of Spring Valley v. Graduation Source, LLC, 167 F. Supp. 3d 582

Plaintiff sued under the TCPA seeking statutory damages and injunctive relief.
Defendants offered to pay $9,200 (the full amount of plaintiff’s individual statutory claim) into the Court’s registry and assented to the injunctive relief.
On Feb 2, 2016 the Court initially permitted the deposit into the registry and issued the requested injunction but declined to enter judgment for Plaintiff; it gave Plaintiff 30 days to show cause why judgment should not be entered.
Plaintiff opposed entry of judgment and argued the case was not moot and that class certification still warranted an opportunity after discovery.
The Court concluded that because plaintiff’s individual claim remained live (no judgment entered and funds not released by express court order), Campbell‑Ewald requires the plaintiff a fair opportunity to seek class certification.
The Court vacated its prior order permitting entry of judgment and declined to enter judgment for Plaintiff; the case may revisit a defendant’s renewed offer if plaintiff’s individual claim becomes resolved and class certification fails after discovery.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does an unaccepted settlement or offer of judgment moot plaintiff's case?	Gomez: an unaccepted offer does not moot a case; plaintiff retains live claim.	Defendants argued that depositing full individual relief into court plus injunctive relief should resolve the claim.	Court: Unaccepted offers do not moot; here claim remains live because no judgment or court order releasing funds was entered.
Can the Court enter judgment for plaintiff based on defendants’ deposit into the registry?	Plaintiff opposed entry of judgment and sought opportunity for class certification.	Defendants asked the Court to accept payment and enter judgment in plaintiff’s favor.	Court: Declined to enter judgment; vacated prior order authorizing judgment without plaintiff’s fair opportunity on class issues.
Must plaintiff be afforded opportunity to pursue class certification after a full-offer deposit?	Plaintiff must be given a fair opportunity to show certification is warranted, particularly after discovery.	Defendants sought final resolution via deposit and injunction to preclude class claims.	Court: Per Campbell‑Ewald, plaintiff must be afforded a fair opportunity to seek class certification; denial of prior class certification was without prejudice and more discovery may allow renewal.

Campbell‑Ewald Co. v. Gomez, 136 S. Ct. 663 (2016) (an unaccepted settlement offer or offer of judgment does not moot a plaintiff’s case; left open whether depositing full individual relief into court and entering judgment would differ)