Kremen

dissenting.

When a federal court certifies a case to a state supreme court, it draws from a limited reservoir of comity. Certifying the case shifts the difficult work of deciding it to the state court, which is often so busy keeping its own house in order that it *1044 scarcely has time for our overflow laundry. Certification also burdens litigants, forcing them to reargue the case in a different forum — a process that is costly and full of delay. None of the parties or amici in our case has so much as hinted that we should certify; Kremen explicitly urged us not to, citing the many years already spent in litigation.

I am aware of the prevailing infatuation with this procedural device — the “sacred cow in our modern judicial barnyard.” Bruce M. Selya, Certified Madness: Ask a Silly Question ..., 29 Suffolk U.L.Rev. 677, 678 (1995). But we have a duty to use it sparingly and sensibly; that a case raises difficult legal questions is not enough. See L. Cohen & Co. v. Dun & Bradstreet, Inc., 629 F.Supp. 1419, 1423 (D.Conn.1986) (Cabranes, J.). Certification is justified only when the state supreme court has provided no authoritative guidance, other courts are in serious disarray and…

ORDER

We certify to the California Supreme Court the question set forth in Part II of this order. All further proceedings in this case are stayed pending final action by the California Supreme Court, and this case is withdrawn from submission until further order of this court.

I

Caption and Counsel

Gary Kremen is deemed the petitioner in this request because he appeals from the district court’s adverse rulings on the issue certified. The caption of the case is:

GARY KREMEN, an individual, Plaintiff-Appellant, and ONLINE CLASSIFIEDS, INC., a Delaware Company, Plaintiff, v. No. 01-15899 D.C. No. CV-98-20718-JW Northern District of California, San Jose STEPHEN MICHAEL COHEN, an individual; OCEAN FUND INTERNATIONAL LTD., a foreign company; SAND MAN INTERNACIONAL LTD., a foreign company; SPORTING HOUSES MANAGEMENT CORPORATION, a Nevada company; SPORTING HOUSES OF AMERICA, a Nevada company; SPORTING HOUSES GENERAL INC., a Nevada *1037 company; WILLIAM DOUGLAS, Sir, an individual; VP BANK (BVI) LIMITED, a foreign company; ANDREW KEULS, an individual; MONTANO PROPERTIES LLC, a California Limited Liability Company; YNATA LTD., Defendants, and NETWORK SOLUTIONS, a Delaware company,…

325 F.3d 1035 Gary KREMEN, an individual, Plaintiff-Appellant, and Online Classifieds, Inc., a Delaware Company, Plaintiff, v. Stephen Michael COHEN, an individual; Ocean Fund International Ltd., a foreign company; Sand Man Internacional Ltd., a foreign company; Sporting Houses Management Corporation, a Nevada company; Sporting Houses of America, a Nevada company; Sporting Houses General Inc., a Nevada company; William Douglas, Sir, an individual; VP Bank (BVI) Limited, a foreign company; Andrew Keuls, an individual; Montano Properties LLC, a California Limited Liability Company; Ynata Ltd., Defendants, and Network Solutions, a Delaware Company, Defendant-Appellee. No. 01-15899. United States Court of Appeals, Ninth Circuit. Filed January 3, 2003. Revised January 22, 2003. 1 James M. Wagstaffe, Pamela Urueta, Alex K. Grab, Kerr & Wagstaffe, Richard S. Diestel, Bledsoe, Catheart, Diestel, Livingston And Pedersen, San Francisco, CA, for Plaintiff-Appellant/Plaintiff. 2 Robert Selvidge, San Francisco, CA, W. Michael Mayock, Law Offices of W. Michael Mayock, Pasadena, CA, Robert S. Dorband, DuBoff, Dorband, Cushing & King, Portland, OR, David Henry Dolkas, Gray Cary Ware &…