Yvonne Dalton v. Lee Publications, Inc.
Opinion
lead Opinion
Order; Dissent by Judge O’SCANNLAIN.
ORDER
The court, in its discretion, denies the petition for permission to appeal the district court’s July 27, 2010 order granting class action certification. See Fed.R.Civ.P. 23(f); Chamberlan v. Ford Motor Co., 402 F.3d 952 (9th Cir.2005) (per curiam).
dissent Opinion
O'Scannlain, J.
dissenting:
Although I do not necessarily think that the district court’s judgment is manifestly erroneous, I must respectfully dissent from our order denying permission to appeal. I am persuaded that its decision is at least debatable and is likely to evade review because of the intense settlement pressure posed by class certification.
Under Federal Rule of Civil Procedure 23(f), this Court has broad discretion to allow interlocutory appeals of class certification decisions. Rule 23(f) states that “a court of appeals may permit an appeal from an order granting or denying class-action certification,” without providing any criteria to limit this discretion. Fed. R.Civ.P. 23(f) (emphasis added); see also id. (advisory note) (noting that Rule 23(f) differs from the interlocutory appeal requirement of 28 U.S.C. § 1292 (b) in that 23(f) omitted “the potentially limiting requirements of § 1292(b)”). According to the advisory committee’s note, Rule 23(f)’s drafters intended to give the courts of appeal “unfettered discretion ... akin to the discretion exercised by the Supreme Court in acting on a petition for certiorari.” Fed.R.Civ.P. 23(f) (advisory note).
I agree that Chamberlan v.…
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
YVONNE DALTON, individually and on behalf of all others similarly situated; DIAN GARZA, individually and on behalf of all others similarly situated; ARMINDA GUZMAN, individually and on behalf of all others similarly situated; SHARON HUGHEN, individually and on behalf of all No. 10-80159 others similarly situated; ETELVINA SALGADO, individually and on D.C. No. behalf of all others similarly 3:08-cv-01072-BTM situated; HECTOR MIGUEL SALGADO, Southern District of individually and on behalf of all California, others similarly situated; REFUGIO San Diego SANCHEZ, individually and on ORDER behalf of all others similarly situated, Plaintiffs-Respondents, v. LEE PUBLICATIONS, INC., a Delaware Corporation, d.b.a North County Times; DOES 1 THROUGH 50, Defendants-Petitioners. Submitted October 12, 2010
Filed November 16, 2010
Before: Diarmuid F. O’Scannlain, Stephen S. Trott, and William A. Fletcher, Circuit Judges.
18523 18524 DALTON v. LEE PUBLICATIONS Order; Dissent by Judge…