Gardner
Gardner v. Starkist Co.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 WARREN GARDNER, et al., Case No. 19-cv-02561-WHO
Plaintiffs,
ORDER DENYING WITHOUT
v. PREJUDICE MOTION TO DENY
CLASS CERTIFICATION
STARKIST CO., Re: Dkt. No. 107 Defendant.
12 Defendant StarKist Co. (“StarKist”) has moved to deny class certification, arguing that it should not have to endure the burden and expense of class discovery because plaintiffs’ purported classes and subclasses cannot be certified. I find this motion is suitable for decision without oral argument and VACATE the hearing scheduled for October 21, 2020. Civ. L. R. 7-1(b). As the Ninth Circuit recently reiterated, “[a]s discovery unfolds, it may become clear that individual questions predominate, or that the proposed class does not satisfy the other requirements for class treatment.” Wisdom v. Easton Diamond Sports, LLC, No. 19-55742, 2020 WL 5960939, at *2 (9th Cir. Oct. 8, 2020) (unpublished). “But more class discovery is required to make this determination,…