In what circumstances will the district court allow a motion to certify a class action under the bad faith exception to be reserved pending disposition of motions to dismiss the amended complaint?

MultiRegion, United States of America

The following excerpt is from Christensen v. Kiewit-Murdock Inv. Corp., 815 F.2d 206 (2nd Cir. 1987):

In connection with their claim under the bad faith exception, appellants argue that the district court erred in reserving decision on their class certification motion pending disposition of appellees' motions to dismiss the amended complaint. We find that argument to be without merit since the procedure followed by the court was well within its discretion. E.g., Wright v. Schock, 742 F.2d 541, 544 (9 Cir.1984) (district court had discretion to decide summary judgment motion before class certification motion so as "to protect both the parties and the court from needless and costly further litigation."). In any particular case, such procedure may or may not be appropriate depending on the complexity of the legal or factual issues raised by the motion to certify. In light of the breadth of the class appellants sought to certify, and in light of the absence of any showing that the court abused its discretion, we hold that the court did not abuse its discretion in reserving decision on the motion to certify pending the outcome of the motions to dismiss.

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