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IN RE WELLS FARGO HOME MORTG. OVERTIME PAY LIT.

No. 08-15355.

571 F.3d 953 (2009)

In re WELLS FARGO HOME MORTGAGE OVERTIME PAY LITIGATION. Jason Mevorah, Genaro Perez, and Perry Derrick, Plaintiffs-Appellees, v. Wells Fargo Home Mortgage, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 7, 2009.

Attorney(s) appearing for the Case

Lindbergh Porter, Jr., Littler Mendelson, P.C., San Francisco, CA, for the defendant-appellant.

Arthur W. Lazear (briefed), Hoffman & Lazear, Oakland, CA; Kevin J. McInerney (argued), McInerney & Jones, Reno, NV, for the plaintiffs-appellees.

Raymond A. Cardozo, Reed Smith, LLP, San Francisco, CA, Piper Hoffman, Otten & Golden, LLP, New York, NY, for the amici.

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

MILLS, District Judge:

This interlocutory appeal challenges a district court order certifying a group of California plaintiffs as a class.1

The dispute is whether the court abused its discretion in finding that the predominance requirement of Federal Rule of Civil Procedure 23(b)(3) was satisfied, based—in large part—on an employer's internal policy of treating its employees as exempt from overtime laws.

While...

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