United States Ninth Circuit

In a class action for failure to pay overtime brought by current and former Countrywide External Home Loan Consultants, the denial of class certification is affirmed where no rule or decisional authority prohibited Defendant from filing its motion to deny certification before Plaintiffs filed their motion to certify, and Plaintiffs had ample time to prepare and present their certification argument.

Appellate Information

• Argued 02/05/2009
• Decided 07/07/2009
• Published 07/07/2009

Judges

• CALLAHAN, Circuit Judge:, Before:  BARRY G. SILVERMAN and CONSUELO M. CALLAHAN, Circuit Judges, and RICHARD MILLS, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael D. Singer, Cohelan, Khoury & Singer, on behalf of appellants Raymond Vinole and Ken Yoder.


• For Appellees:
  
• Thomas R. Kaufman and Regina A. Musolino, Seyfarth Shaw LLP;  Claudette G. Wilson and Leonid M. Zilberman, Wilson Turner Kosmo LLP, on behalf of appellee Countrywide Home Loans, Inc.