8 soc.sec.rep.ser. 288, unempl.ins.rep. Cch 15,892 Mario Lopez v. Margaret M. Heckler, Secretary of Health and Human Services
Opinion
Opinion
ORDER
Before PREGERSON and REINHARDT, Circuit Judges.
Appellants seek to stay pending appeal those provisions of the district court’s orders (1) requiring them to include in a mailing to class members an informational notice prepared by plaintiffs’ counsel and (2) defining the class in a manner inconsistent with the definition set forth in a prior decision of ours. The inconsistency arises from the fact that although we previously issued an opinion that would have required the district court to modify its class determination, the Supreme Court vacated the judgment and remanded the proceedings in light of the intervening passage of the Social Security Disability Benefits Reform Act of 1984, Pub.L. No. 98-640, 98 Stat. 1794 (1984). See Lopez v. Heckler, 725 F.2d 1489, 1499 (9th Cir.), vacated and remanded, — U.S. —, 105 S.Ct. 583 , 83 L.Ed.2d 694 (1984). The class certification initially made by the district court was never modified.
We doubt that the Reform Act prohibits the district court from exercising its discretion regarding the information that the class members should receive in connection with the Secretary’s dissemination of the statutorily required notice. We note,…