gno.law

Randall Buckley v. Countrywide Home Loans Inc

Court of Appeals for the Ninth Circuit · 10-56180 · 2012-01-20 · Unpublished

Proceeding
appeal
Trial court
United States District Court for the Southern District of California
Trial judge
Dana M. Sabraw (district judge)
Outcome
affirmed — AFFIRMED.
Area
civil

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

FILED NOT FOR PUBLICATION JAN 20 2012

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RANDALL D. BUCKLEY, an individual No. 10-56180 man, D.C. No. 3:09-cv-00064-DMS- Plaintiff - Appellant, WMC v. COUNTRYWIDE HOME LOANS INC, a ORDER New York corporation and COUNTRYWIDE FINANCIAL CORPORATION, a Delaware corporation, Defendants - Appellees.

Appeal from The United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding Argued and Submitted January 9, 2012 Pasadena, California Before: REINHARDT and W. FLETCHER, Circuit Judges, and BREYER*, District Judge.* * The Honorable Charles R. Breyer, U.S. District Judge for the Northern District of California, sitting by designation.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. On the assumption that changes to the initial written disclosures were routinely made orally, we affirm without prejudice the district court’s decision denying class certification. The District Court may, however, wish to conduct further proceedings regarding the actual practice of Countrywide, including whether logs were kept of calls relating to such changes, and may permit plaintiff to conduct further discovery toward that end.

AFFIRMED.