Fox Test Prep v. Facebook, Inc.

MEMORANDUM

Plaintiffs Fox Test Prep and Stephen Price appeal the district court’s denial of class certification. We have jurisdiction pursuant to 28 U.S.C. § 1292 (e) and Federal Rule of Civil Procedure 23(f), and we affirm.

We review a district court’s denial of class certification for abuse of discretion. See Yokoyama v. Midland Nat’l Life Ins. Co., 594 F.3d 1087, 1090 (9th Cir.2010). “An abuse of discretion occurs when the district court, ‘in making a discretionary ruling, relies upon an improper factor, omits consideration of a factor entitled to substantial weight, or mulls the correct mix of factors but makes a clear error of judgment in assaying them.’” Parra v. Bashas’, Inc., 536 F.3d 975, 977-78 (9th Cir.2008) (quoting Waste Mgmt. Holdings, Inc. v. Mowbray, 208 F.3d 288, 295 (1st Cir.2000)).

The district court held that the proposed class could not be certified under Federal Rule of Civil Procedure 23(b)(3) because, among other reasons, Plaintiffs failed to establish that there is a class-wide uniform method for determining what constitutes a “valid click.” In re Facebook, Inc., PPC Adver. Litig., 282 F.R.D. 446, 458-59 (N.D.Cal.2012). We conclude that the district…