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DALTON v. LEE PUBLICATIONS, INC.

No. 10-80159.

625 F.3d 1220 (2010)

Yvonne DALTON, individually and on behalf of all others similarly situated; Dian Garza, individually and on behalf of all others similarly situated; Arminda Guzman, individually and on behalf of all others similarly situated; Sharon Hughen, individually and on behalf of all others similarly situated; Etelvina Salgado, individually and on behalf of all others similarly situated; Hector Miguel Salgado, individually and on behalf of all others similarly situated; Refugio Sanchez, individually and on behalf of all others similarly situated, Plaintiffs-Respondents, v. LEE PUBLICATIONS, INC., a Delaware Corporation, d.b.a North County Times; Does 1 Through 50, Defendants-Petitioners.

United States Court of Appeals, Ninth Circuit.

Filed November 16, 2010.

Attorney(s) appearing for the Case

Curtis Keith Greer , Greer & Associates, Marcy Ellen Kaye, Esquire , Law Offices of Marcy E. Kaye, San Diego, CA, for Plaintiffs-Respondents.

David D. Kadue , Dean Martoccia, Erik B. Von Zeipel, Esquire , Seyfarth Shaw, LLP, Los Angeles, CA, Richard B. Lapp , Camille Olson, Esquire , Seyfarth Shaw, LLP, Chicago, IL, for Defendants-Petitioners.

Order; Dissent by Judge O'SCANNLAIN.

ORDER

The court, in its discretion, denies the petition for permission to appeal the district court's July 27, 2010 order granting class action certification. See Fed.R.Civ.P. 23(f); Chamberlan v. Ford Motor Co., 402 F.3d 952 (9th Cir.2005) (per curiam).

O'SCANNLAIN, Circuit Judge, dissenting:

Although I do not necessarily think that the district court's judgment is manifestly erroneous, I must...

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