Yvette Green v. Federal Express Corp

MEMORANDUM

Plaintiff-Appellant Yvette Green appeals the district court’s denial of her motion for class certification. We review a district court’s decision concerning class certification under Fed.R.Civ.P. 23 for an abuse of discretion. In re Wells' Fargo Home Mortg. Overtime Pay Litig., 571 F.3d 953, 957 (9th Cir.2009). “Abuse exists in three circumstances: (1) reliance on an improper factor, (2) omission of a substantial factor, or (3) a clear error of judgment in weighing the correct mix of factors.” Id. “To the extent that a ruling on a Rule 23 requirement is supported by a finding of fact, we review that finding for clear error.” Stearns v. Ticketmaster Corp., 655 F.3d 1013, 1018 (9th Cir.2011) (internal quotation marks omitted), abrogated on other grounds by Comcast Corp. v. Behrend, — U.S. -, 133 S.Ct. 1426 , 185 L.Ed.2d 515 (2013). We have jurisdiction under 28 U.S.C. § 1292 , and affirm.

Green sought to certify two classes, alleging that the Defendant-Appellee Federal Express Co. (“FedEx”) failed to pay all hours worked by its employees by (1) not paying employees for the time between when the employees “clocked in” to the time they started their scheduled shift and…