David Deluca v. Farmers Insurance Exchange

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAVID DELUCA, et al., Case No.17-cv-00034-EDL

Plaintiffs,

ORDER DENYING DEFENDANT’S

v. MOTION TO DECERTIFY

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

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