Sueoka
Sueoka v. United States
Opinion
Lead Opinion
MEMORANDUM *
Julie Sueoka, Delnita Brown and Nancy R. Schauer (“plaintiffs”) appeal from the district court’s order denying certification of ten subclasses in this purported class action for disgorgement of interest and return of improper expense deductions on currency and cash cost bonds. They challenge certain of the district court’s findings as to numerosity, typicality and adequacy of representation, as well as its findings *652 that common issues do not predominate and that a class action is not a superior vehicle for resolution of plaintiff class members’ claims against the United States. The government cross-appeals, challenging the district court’s denial of its (i) summary judgment motion as to Schauer and Brown; (ii) motion to dismiss Schauer and Brown’s claims as barred by res judicata; and (iii) motion to dismiss for lack of jurisdiction following partial summary judgment. While we hold that the district court abused its discretion in denying certification, we affirm its denial of the government’s motions.