David Deluca v. Farmers Insurance Exchange

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID DELUCA, et al., Case No.17-cv-00034-EDL

8 Plaintiffs,

ORDER DENYING DEFENDANT’S

9 v. MOTION TO DECERTIFY

10 FARMERS INSURANCE EXCHANGE, Re: Dkt. No. 166 Defendant. 11

12 Defendant Farmers Insurance Exchange (“Defendant”) moved to decertify the class, 13 arguing that the trial plan proposed by Plaintiffs David DeLuca and Barry Francis, individual and 14 on behalf of other similarly situated (“Plaintiffs”) is flawed. The Court held a hearing on 15 Defendant’s motion on August 27, 2019. Having considered the parties’ motion and opposition 16 papers, supporting declarations and other documents, as well as the arguments made at the 17 hearing, for the reasons set forth below, the Court DENIES Defendant’s motion. However, the 18 Court agrees that the trial plan should be improved to be somewhat more representative, albeit not 19 so as to achieve the inapplicable standard of statistical significance as to damages. Precisely how 20 is premature at this juncture when…