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LEYVA v. MEDLINE INDUSTRIES INC.

No. 11-56849.

716 F.3d 510 (2013)

Jesus LEYVA, on behalf of himself and all other members of the general public similarly situated, Plaintiff-Appellant, v. MEDLINE INDUSTRIES INC., a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 28, 2013.

Attorney(s) appearing for the Case

David M. deRubertis (argued) and Kimberly Y. Higgins , The deRubertis Law Firm, Studio City, CA; N. Nick Ebrahimian and Jordan Bello , Lavi & Ebrahimian LLP, Beverly Hills, CA, for Plaintiff-Appellant.

Steven A. Groode (argued) and Matthew J. Sharbaugh , Littler Mendelson, P.C., Los Angeles, CA, for Defendant-Appellee.

Before: HARRY PREGERSON, RICHARD A. PAEZ, and ANDREW D. HURWITZ, Circuit Judges.

OPINION

PREGERSON, Circuit Judge:

Plaintiff-Appellant Jesus Leyva appeals the district court's denial of class certification. Plaintiff seeks to represent approximately 538 employees of Medline Industries, Inc. (Medline). The complaint asserts claims against Medline for violating California labor laws.

I. Allegations of Putative Class Members

Medline manufactures and delivers medical products. The putative class members are current and...

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