Naton

OPINION AND ORDER

Plaintiff, Paul Naton, a trust officer of the defendant, The Bank of California, National Association (the Bank), was discharged by the Bank at the age of sixty, and brings this action against the Bank under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq., alleging his discharge was caused solely on account of his age in violation of 29 U.S.C. § 623 (a)(1). 1 He seeks to maintain this suit as a Rule 23 class action on his own behalf and on behalf of all other persons between the ages of forty and sixty-five who were terminated by the Bank in or about January, 1975. 2 This Court has jurisdiction pursuant to 29 U.S.C. § 626 (c). 3

The Bank has moved to strike the class allegations contained in paragraph V and other references to individuals other than plaintiff from the First Amended Complaint. 4 The only issue before the *552 Court is whether individuals may utilize Rule 23 when bringing a class action under the ADEA. This question is one of first impression in this Circuit.

For the reasons set forth herein, I find that Rule 23 is not available in class suits brought under the ADEA.

I.

The material facts as set forth in the…