United States District Court, W.D. Washington, Seattle
ANANAIS ALLEN, an individual, and AUSTIN CLOY, an individual, Plaintiffs,
FLIGHT SERVICES AND SYSTEMS, INC., a foreign corporation, Defendant.
BADGLEY MULLINS TURNER PLLC Duncan C. Turner, LAW OFFICE OF
DANIEL R. WHITMORE Daniel R. Whitmore, Attorney for
CONSTANGY, BROOKS, SMITH & PROPHETE, LLP Jim Goh
Attorneys for Defendant
[PROPOSED] ORDER GRANTING
STIPULATED MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF
CLASS COUNSEL AND REPRESENTATIVES
ROBERT S. LASNIK, U.S. DISTRICT JUDGE.
the Court is the Parties' Stipulated Motion for Class
Certification, Appointment of Class Counsel and Class
Representatives (the "Stipulated Motion"). The
Court has considered the Stipulated Motion, together with its
supporting declarations and exhibits.
MOTION FOR CLASS CERTIFICATION.
CONSIDERATION, the Court finds the Motion for Class
Certification should be and hereby is GRANTED.
Court makes the following Finding with respect to the
Standard of Review
seeking to certify a class must establish that the
requirements of Fed.R.Civ.P. 23 are met. Amchem Prods.,
Inc. v. Windsor, 521 U.S. 591, 617 (1997). A court must
engage in a "rigorous analysis" to determine
whether the requirements of Fed.R.Civ.P. 23 are satisfied.
Gen. Tel. Co. of the Southwest v. Falcon, 457 U.S.
147, 161 (1982). However, the evidentiary showing need not be
extensive. Blackie v. Barrack, 524 F.2d 891, 901
(9th Cir. 1975).
Plaintiffs have satisfied Fed.R.Civ.P. 23(a)
certified under Fed.R.Civ.P. 23(b)(3), Plaintiffs and the
proposed Class must first satisfy all the requirements of
One or more members of a class may sue or be sued as
representative parties on behalf of all only if (1) the class
is so numerous that joinder of all members is impracticable,
(2) there are questions of law or fact common to the class,
(3) the claims or defenses of the representative parties are
typical of the claims or defenses of the class, and (4) the
representative parties will fairly and adequately protect the
interests of the class.
Class's size is sufficiently numerous to meet the
requirement of numerosity. There are, at least, hundreds of
Class members in the Class. As a general rule a potential
class of 40 members is considered impractical to join.
Cox v. Am. Cast Iron Pipe Co.,784 F.2d 1546, 1553
(11th Cir. 1986). Accordingly, Plaintiffs have met ...