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Giannopoulos v. Iberia Lineas Aereas De Espana, Sa

United States District Court, Seventh Circuit

September 23, 2013

THEODOROS GIANNOPOULOS, et al., Plaintiffs,
v.
IBERIA LINEAS AEREAS DE ESPANA, S.A., OPERADORA, SOCIEDAD UNIPERSONAL, Defendant.

MEMORANDUM OPINION AND ORDER

THOMAS M. DURKIN, District Judge.

Plaintiffs are four individuals who purchased airline tickets from defendant Iberia Líneas Aereas de España for travel between the United States and Europe. See R. 156. Plaintiffs' flights were delayed, and they bring a putative class action alleging violation of a European Union regulation that requires compensation for airline delays under certain circumstances. Id. In support of their motion for class certification, Plaintiffs proffer the expert report of Clint Rhoden. R. 211-1. Iberbia has moved to strike Rhoden's report. R. 194. For the reasons stated below, Iberia's motion to strike is denied.

European Union Regulation No. 261/2004 requires airlines to compensate airline passengers for delayed and canceled flights under certain circumstances. Specifically, and most relevant to this case, airline passengers have the right to compensation under the Regulation if:

▪ they were scheduled to fly to or from Europe, id. Art. 3(1), and were not traveling free of charge or at a reduced fare not available directly or indirectly to the public, id. Art. 3(3);
▪ their flights were cancelled, and they were:
• not informed of a cancellation at least two weeks in advance, id. Art. 5(1)(c)(i); or
• were informed of a cancellation between 14 and 7 days in advance, but were not offered a flight change that allowed them to depart no more than two hours before their originally scheduled flight and to reach their destination less than four hours after their originally scheduled flight, id. Art. 5(1)(c)(ii); or
• were informed of a cancellation less than 7 days in advance, but were not offered a flight change allowing them to depart no more than one hour before their originally scheduled flight and allowed them to arrive no more than two hours after their originally scheduled flight, id. Art. 5(1)(c)(iii); and
• their flights were not cancelled due to extraordinary circumstances, id. Art. 5(3);
▪ their flights were delayed:
• for two hours or more and the flight was for a distance of 1, 500 kilometers or less, id. Art. 6(1)(a);
• for three hours or more and the flight was for a distance of more than 1, 500 kilometers within Europe, id. Art. 6(1)(b);
• for three hours or more and the flight was for a distance of between 1, 500 and 3, 500 ...

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