It's been awhile since we've written anything on Campbell v. PricewaterhouseCoopers but this announcement from the plaintiffs' attorneys seemed worthy of sharing with you all:
On March 1, 2013, the Ninth Circuit Court of Appeals entered an order denying defendant PricewaterhouseCoopers LLP's petition for an early appeal of the District Court's order denying class decertification.This means that we will be heading to trial on behalf of the certified class of California Attest Associates. In fact, the District Court Judge, Honorable Lawrence K. Karlton, has now set a Scheduling Conference for April 8, 2013, at which time we anticipate the Court will establish the final pre-trial schedule and (hopefully) set a trial date. We will update the website with the trial schedule following the April 8th hearing.
[1] Defendant advises the court that the appellate filing was made pursuant to Fed. R. Civ. P. 23(f). The court assumes, without deciding, that defendant was not required to notify this court of its request for leave to appeal, however sensible it would have been to do so. Given that the appellate filing is the basis for the relief defendant seeks, it would have been the better practice for defendant to let this court know about the filing around the time it was made.[2] It would have been the better practice, in any event, to let the court know about [Thomasch's] conflict around the time the court's order issued scheduling the conference.