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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E-FILED on 9/2/2011

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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IN RE: EBAY LITIGATION

No. C-07-02198 RMW
ORDER DENYING MOTION FOR CLASS
DECERTIFICATION
[Re Docket No. 141]

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Defendant eBay Inc. moves to decertify the class certified by this court on September 30,
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2010, because it contends that continuing certification is inconsistent with the Rule 23 standards
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recently articulated by the Supreme Court in Wal-Mart Stores, Inc., v. Dukes, No. 10-277 (June 20,
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2011), 2011 WL 2437013. For the reasons discussed at the hearing held on September 2, 2011, the
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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.

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ORDER DENYING MOTION FOR CLASS DECERTIFICATION —No. C-07-02198 RMW
MEC

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DATED:
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9/2/2011
RONALD M. WHYTE
United States District Judge

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United States District Court
For the Northern District of California

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ORDER DENYING MOTION FOR CLASS DECERTIFICATION —No. C-07-02198 RMW
MEC
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