Blake Williams v. Oberon Media, Inc.

MEMORANDUM

Plaintiffs Blake R. Williams, Peggy J. McGregor, Candice K. Schütz, Mark Lindsey, and Barbara Jean Parks appeal the district court’s denial of their motion for class certification. Plaintiffs sought class certification for seven sub-classes in their consumer class action against online game designer and retailer Oberon Media, Inc. (“Oberon”). The district court denied certification to all seven classes. We have jurisdiction under 28 U.S.C. § 1867 (a), and we affirm the district court.

We review the denial of class certification for abuse of discretion. Knight v. Kenai Peninsula Borough Sch. Dist., 131 F.3d 807 , 816 (9th Cir.1997).

The district court did not abuse its discretion in finding that Classes One, Two, and Seven are not “precise, objective or presently ascertainable.” O’Connor v. Boeing N. Am. Inc., 184 F.R.D. 311, 319 (C.D.Cal.1998). As to Classes One and Two, Plaintiffs failed to establish an objective way of determining which GameSaver members failed to receive their monthly subscription game or enrolled in the Gam-eSaver program because of errors in Oberon’s computer system as opposed to the consumers’ own errors or preferences. As to Class Seven,…