ZocDoc, Inc. v. Radha Geismann, M.D., P.C.

In Campbell-Ewald Co. v. Gomez, 577 U.S. , 136 S. Ct. 663, 672 (2016), this Court held that an unaccepted offer of judgment under Federal Rule of Civil Procedure 68 was insufficient to “moot” a plaintiff’s claim. But the Court reserved the question of “whether the result would be different if a defendant deposits the full amount of the plaintiff’s individual claim in an account payable to the plaintiff, and the court then enters judgment for the plaintiff in that amount.” Id. Chief Justice Roberts noted in dissent that “the majority’s analysis may have come out differently if Campbell had deposited the offered funds with the District Court.” Id. at 683 (Roberts, C.J., dissenting). This appeal gives the Court the opportunity to answer the Campbell-Ewald hypothetical. The questions presented are:

1. Did the Second Circuit err in finding that the deposit of $20,000.00 with the district court under Federal Rule of Civil Procedure 67, payment of that amount (plus interest) by check delivered to the plaintiff, and entry of the precise individual injunctive relief requested by the plaintiff left the plaintiff “emptyhanded”?

2. Did the Second Circuit err in finding that even if the plaintiff had received complete individual relief, the plaintiff retained standing to proceed as an adequate representative of the putative class?