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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CARLOS GONZALEZ, et al., Case No. 14-cv-01523-JSW

Plaintiffs,

ORDER RE MOTION TO DECERTIFY

v. 9 Re: Dkt. No. 205 SAN FRANCISCO HILTON, INC., Defendant.

12 The Court has received Defendant’s motion to decertify. (Dkt. No. 205.) In its Class Certification Order, the Court noted that “[d]eciding this question will be premised upon common evidence regarding what reasonable customers would have understood about the service charge and will rely upon a limited set of discrete documents provided to customers by Defendant (contracts, Banquet Event Order forms (BEOs), menus/website, and check receipts).” (Dkt. No. 122). Defendant moves to decertify the class on grounds that post-certification discovery has revealed a lack of common evidence. Specifically, Defendant contends that the relevant contracts vary to the degree that they no longer qualify as a “discrete” or “limited” set. (Dkt. No. 205 at 7– 9.) Defendant contends that this discovery undermines the basis of…