A federal judge today dismissed what was meant to be a class-action suit against Dunkin' Donuts over alleged overcharging on its mobile app because the only listed plaintiff in the initial complaint and Dunkin' Donuts are both based in Massachusetts, and federal class-action law requires at least one party to be in a different state.
In March, Martin Kelledy of Dorchester filed a federal suit against Dunkin' Donuts, headquartered in Canton, after, he alleged, he was overcharged for a Large Original Blend Iced Coffee and an everything bagel with plain cream cheese by the company's mobile app.
In a ruling today, US District Court Judge Richard Stearns said that while Kelledy's proposed class of harmed consumers might have included people outside Massachusetts, none were actually listed as plaintiff in the March complaint.
Kelledy, the only plaintiff named in the Complaint, is a resident of Dorchester, Massachusetts. Dunkin’s principal place of business is in Canton, Massachusetts. Because both parties are citizens of Massachusetts, the Complaint fails to meet the minimal diversity requirement. The court accordingly lacks subject matter jurisdiction, and the Complaint must be dismissed.