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UNITED STEEL, PAPER & FORESTRY v. CONOCOPHILLIPS

Nos. 09-56578, 09-56579.

593 F.3d 802 (2010)

UNITED STEEL, PAPER & FORESTRY, RUBBER, MANUFACTURING ENERGY, ALLIED INDUSTRIAL & SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO, CLC, On behalf of its members employed by defendants; Raudel Covarrubias, individually and on behalf of all similarly situated current and former employees; David Simmons, individually and on behalf of all similarly situated current and former employees; Stephen S. Swader Sr., individually and on behalf of all similarly situated current and former employees, Plaintiffs-Appellants, v. CONOCOPHILLIPS COMPANY, Defendant-Appellee. United Steel, Paper & Forestry, Rubber, Manufacturing Energy, Allied Industrial & Service Workers International Union, AFL-CIO, CLC, On behalf of its members employed by defendants; Raudel Covarrubias, individually and on behalf of all similarly situated current and former employees; David Simmons, individually and on behalf of all similarly situated current and former employees; Stephen S. Swader Sr., individually and on behalf of all similarly situated current and former employees, Plaintiffs-Appellees, v. ConocoPhillips Company, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 6, 2010.

Attorney(s) appearing for the Case

Anne Richardson and Randy Renick, Hadsell, Stormer, Keeny, Richardson & Renick, LLP, Pasadena, CA, for plaintiffs-appellants-appellees Raudel Covarrubias, David Simmons, and Stephen S. Swader, Sr.

Robert A. Cantore and Joshua F. Young, Gilbert & Sackman, A Law Corporation, Los Angeles, CA, for plaintiff-appellant-appellee United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union, AFL-CIO, CLC.

Rex S. Heinke, Catherine A. Conway and Scott J. Witlin, Akin Gump Strauss Hauer & Feld, LLP, Los Angeles, CA, for defendant-appellant-appellee ConocoPhillips Co.

Before THOMAS G. NELSON, JAY S. BYBEE, and MILAN D. SMITH, JR., Circuit Judges.

BYBEE, Circuit Judge:

These consolidated appeals raise two issues: first, whether the district court abused its discretion when it denied plaintiffs' motion to certify a putative class out of concern that practical obstacles could potentially develop if plaintiffs' legal theory were ultimately rejected; and second, whether the district court erred in remanding, in light of its certification decision, state law claims to state court for lack of subject matter jurisdiction...

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