Henry
Henry v. Associates Home Equity Services, Inc.
Opinion
Lead Opinion
MEMORANDUM **
Plaintiffs-Appellants Michael and Vickie Henry (“Plaintiffs”) appeal the district court’s May 30, 2002 judgment and previously non-appealable order denying class certification dated January 7, 2002. A district court’s order denying class certification becomes final and appealable upon entry of final judgment. See Deposit Guar. Nat’l Bank v. Roper, 445 U.S. 326, 336 , 100 S.Ct. 1166 , 63 L.Ed.2d 427 (1980). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s decision regarding class certification for an abuse of discretion. See Armstrong v. Davis, 275 F.3d 849, 867 (9th Cir.2001). Under the abuse of discretion standard, *395 the reviewing court cannot reverse unless it has a definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors. See SEC v. Coldicutt, 258 F.3d 939 , 941 (9th Cir.2001). We affirm.
Rule 23 sets forth the procedural requirements of a class action in federal court. The prerequisites to bringing a class action are:
Fed.R.Civ.P. 23(a). If the prerequisites are satisfied, a class action may be maintained under Rule 23(b)(3) if…