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With its brief, the government included a draft version of the motion for certification to the Supreme Court.
The court then ordered respondents to submit a discovery plan, approved that plan in due course, entered orders allowing discovery to proceed, and denied the Governments motion for certification under 28 U.S. C. §1292(b) with respect to the discovery orders.
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Google opposed the motion for class certification before the District Court and now appeals the District Court's grant of class certification to us.
The lawyers plan to file their motion for class certification in April.
2d 1224, 1237 (N.D. Cal. 2012) ("Significantly, Mazza was decided on a motion for class certification, not a motion to strike.
The "inherently transitory" exception is measured from the time that the complaint is filed to the court's ruling on the motion for class certification.
In Coopers, a putative representative plaintiff whose motion for class certification had been denied by the district court sought to appeal under § 1291.
The motion for class certification also specified that a "book" was defined as each "full-length book published in the United States in the English language and registered with the United States Copyright Office within three months after its first publication.
For the reasons stated above, we VACATE the June 11 , 2012order of the District Court certifying plaintiffs' proposed class and REMAND the cause to the District Court for consideration of the fair use issues, without prejudice to any renewal of the motion for class certification before the District Court following its decision on the fair use defense.
BRIEF – Uber – Opposition to Motion for Class Certification (1).
"The issue here is not whether Consolidated manufactured a defective furnace," Sears attorneys wrote in response to the plaintiffs' motion for class certification.
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