From Casetext: Smarter Legal Research

Wilson v. Conair Corporation

United States District Court, Ninth Circuit, California, E.D. California
Sep 15, 2015
Civ. 1:14-00894 WBS SAB (E.D. Cal. Sep. 15, 2015)

Opinion


DELIA WILSON, on Behalf of Herself and All Others Similarly Situated, Plaintiff, v. CONAIR CORPORATION, Defendant. Civ. No. 1:14-00894 WBS SAB United States District Court, E.D. California. September 15, 2015

          ORDER

          WILLIAM B. SHUBB, District Judge.

         On August 17, 2015, Magistrate Judge Boone denied plaintiff's motion to compel production of numerous curling irons in defendant's possession for destructive testing. Judge Boone explained that, because the testing addresses the merits of the action and not class certification, defendant should not be compelled to produce the curling irons unless and until plaintiff prevails on her motion for class certification. (See Aug. 17, 2015 Order at 6:4-7:2); see also Del Campo v. Kennedy, 236 F.R.D. 454, 459 (N.D. Cal. 2006) ("Prior to certification of a class action, discovery is generally limited and in the discretion of the court.").

         In seeking reconsideration of Judge Boone's Order, plaintiff must show that his decision was "clearly erroneous or contrary to law." E.D. Local R. 303(f). Not only is the decision not "clearly erroneous, " it makes a lot of sense.

         IT IS THEREFORE ORDERED that plaintiff's motion for reconsideration of the August 17, 2015 Order denying her motion to compel be, and the same hereby is, DENIED.


Summaries of

Wilson v. Conair Corporation

United States District Court, Ninth Circuit, California, E.D. California
Sep 15, 2015
Civ. 1:14-00894 WBS SAB (E.D. Cal. Sep. 15, 2015)
Case details for

Wilson v. Conair Corporation

Case Details

Full title:DELIA WILSON, on Behalf of Herself and All Others Similarly Situated…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Sep 15, 2015

Citations

Civ. 1:14-00894 WBS SAB (E.D. Cal. Sep. 15, 2015)