Worledge v. Riverstone Residential Group, LLC, 2015 MT 142 (May 26, 2015) (Baker, J.) (5-0, aff’d)
Issue: (1) Whether the district court abused its discretion by admitting new evidence submitted with Plaintiffs’ reply brief; and (2) whether the district court properly certified Plaintiffs’ class under Rule 23(a); and (3) Rule 23(b)(3).
Short Answer: (1) No; (2) yes; and (3) yes.
Facts: Appellants Creekside, Wildlflower, Shiloh Glen and Mullan (Owners) own multi-unit apartment buildings in Missoula and Billings. Appellant Riverstone and its predecessor, HSC, managed Owners’ apartment complexes during the relevant times. Appellees are current or former tenants of Owners’ apartment complexes who signed leases for their apartments through Riverstone (Tenants).
In June 2013, Tenants filed a complaint on behalf of themselves and other unnamed plaintiffs who entered into rental agreements with Riverstone to rent apartments at Owners’ complexes.…