Dolores DONINGER Et Al., Appellants, v. PACIFIC NORTHWEST BELL, INC., Appellee

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• upholding a limitation on discovery 27 based on unique facts of case and the plaintiff's failure to make a prima facie showing of 28 Rule 23's requirements
• party seeking class certification bears the burden of showing that each element of Rule 23 is satisfied
• denial of certification 22 proper where 23(a) requirements could not be met regardless of the discovery undertaken and 23 there was no “reasonable probability” that any of the section (b) hurdles could be overcome
• the “existence of six separate affirmative action programs with decentralized enforcement leads to the inference . that different questions of fact or law” would be presented by the claims of members in different establishments
• Title VII case in which the Court observed that “the action seeks as a major portion of the claimed relief, monetary restitution. To the extent that such relief predominates over the injunctive relief, section (b)(2) of Rule 23 is inappropriate.”
• “[W]here the plaintiffs fail to make even a prima facie showing of Rule 23’s 20 prerequisites . . . the burden is on the plaintiff to demonstrate that discovery measures are likely to 21 produce persuasive information substantiating the class action allegations.”

Source: CourtListener parenthetical corpus (CC0).