Fed. Sec. L. Rep. P 95,925 Arthur Young & Company v. United States District Court, Etc., Albert Kaufman, Real Parties in Interest

This petition is brought pursuant to the All Writs Statute, 28 U.S.C. § 1651 . It arises out of three related civil actions now pending in the Northern District of California. The district judge presiding over the cases certified each action as a class action with respect to certain issues, reserved other issues for separate determination, and required the preparation and mailing of notices to members of the classes. Petitioners, defendants in one or more of the actions below, seek a writ of mandamus, or some other appropriate writ, that would require the district court in each case, to vacate and set aside its order and strike all the class allegations from the complaint. Alternatively, they seek a writ of mandamus which would order the district court to certify its order for interlocutory appeal, pursuant to 28 U.S.C. § 1292 (b). They have also filed an appeal from the class certification order under 28 U.S.C. § 1291 . The real parties in interest, the named plaintiffs below, oppose the petition and move to dismiss the appeal. We deny the petition in its entirety and dismiss the appeal.

BACKGROUND

Plaintiffs in each of these actions seek damages and equitable relief…