Schwartz

Schwartz v. Citibank, N.A.

Good Law
50 F. App'x 832
United States Court of Appeals for the Ninth CircuitOctober 10, 2002Nos. 00-56958, 00-57037, 01-55177, 01-55179; D.C. No. CV-00-00075-LGBCalifornia1,036 words

Opinion

Lead Opinion

MEMORANDUM **

The appellants in these eases, Charles C. Yeomans, David G. Behenna, and Ste *835 ven C. Simon et al., raise several objections relating to the district court’s conditional certification of a class for settlement purposes, approval of the settlement, and award of attorney fees. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

As an initial matter, the appellants Behenna and Yeomans, unnamed class members who failed to intervene before the district court, have standing to appeal the district court’s judgment approving the settlement. See Devlin v. Scardelletti — U.S. -, 122 S.Ct. 2005, 2018 , 153 L.Ed.2d 27 (2002). We reject, however, these appellants’ contentions that conditional class certification was improper, that notice was insufficient, and that the district court failed to properly evaluate the fairness of the settlement.

Although the district court failed to make explicit findings regarding the appropriateness of class certification, we need not remand to allow the entry of self-evident findings. Hanlon v. Chrysler Corp., 150 F.3d 1011, 1023 (9th Cir.1998). The class, as defined by the district court, was sufficiently cohesive to satisfy the…

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