Campbell v. PriceWaterhouse Coopers, LLP

Filing 638

ORDER signed by District Judge Troy L. Nunley on 12/3/2014 ORDERING 637 Defendant's Motion to modify scheduling order to permit PWC to file a motion to decertify the class before trial is hereby DENIED. (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JASON CAMPBELL and SARAH
SOBEK, individually, and on behalf of all
other similarly situated current and former
employees of PricewaterhouseCoopers,
LLP,

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No. 06-CV-02376-TLN-AC

ORDER

Plaintiffs,
v.
PRICEWATERHOUSECOOPERS, LLP, a
Limited Liability Partnership,
Defendant.
The Court is in receipt of Defendant PricewaterhouseCoopers LLP’s (“PwC”) motion to

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modify the scheduling order to permit PwC to file a motion to decertify the class before trial.

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(ECF No. 637.) This Court has already ruled on this issue. (See Judge Karlton’s Order, ECF No.

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557.) Furthermore, to the extent that PwC argues that the Ninth Circuit’s decision in Brady v.

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Deloitte & Touche, No. 12-16384, 2014 WL 5033214 (9th Cir. Oct. 9, 2014), requires

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decertification of the class at issue, this Court does not agree.

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In Brady, the Ninth Circuit reviewed the district court’s decision to decertify the class for

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an abuse of discretion. In doing so, the panel stated “[w]e limit our review to whether the district

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court correctly selected and applied Rule 23’s criteria. An abuse of discretion occurs when the

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district court relies upon an improper factor, omits consideration of a factor entitled to substantial
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weight, or mulls the correct mix of factors but makes a clear error of judgment in assaying them.”

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Id. at *1 (internal citations and quotations omitted). Accordingly, PwC’s motion to modify the

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scheduling order to permit PwC to file a motion to decertify the class before trial (ECF No. 637)

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is hereby DENIED.

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IT IS SO ORDERED.

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Dated: December 3, 2014

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Troy L. Nunley
United States District Judge

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