Ewert v. eBay, Inc.

Filing 149

ORDER by Judge Whyte denying 141 Motion to Decertify Class and Ordering Proposed Schedule. (rmwlc2, COURT STAFF) (Filed on 9/2/2011)

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1 2 3 4 E-FILED on 9/2/2011 5 6 7 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN JOSE DIVISION 11 12 IN RE: EBAY LITIGATION No. C-07-02198 RMW ORDER DENYING MOTION FOR CLASS DECERTIFICATION [Re Docket No. 141] 13 14 15 16 17 Defendant eBay Inc. moves to decertify the class certified by this court on September 30, 18 2010, because it contends that continuing certification is inconsistent with the Rule 23 standards 19 recently articulated by the Supreme Court in Wal-Mart Stores, Inc., v. Dukes, No. 10-277 (June 20, 20 2011), 2011 WL 2437013. For the reasons discussed at the hearing held on September 2, 2011, the 21 22 23 24 25 26 court denies the motion. As discussed at the hearing, the parties are ordered to submit a proposed schedule for filing and hearing a motion for summary judgment on plaintiffs' damages theory by September 30, 2011. The parties are to agree on the discovery, if any, that is needed for the motion. If the parties cannot agree, the parties are each to submit a proposal and the court will resolve any differences. A further case management conference will be held on September 30, 2011. 27 28 ORDER DENYING MOTION FOR CLASS DECERTIFICATION —No. C-07-02198 RMW MEC 1 2 DATED: 3 9/2/2011 RONALD M. WHYTE United States District Judge 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER DENYING MOTION FOR CLASS DECERTIFICATION —No. C-07-02198 RMW MEC 2