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10-56180•Randall D. Buckley, an individual man v. Countrywide Home Loans Inc, a New York corporation
10-56180Court of Appeals for the Ninth CircuitJan 20, 2012
* The Honorable Charles R. Breyer, U.S. District Judge for the
Northern District of California, sitting by designation.
** This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RANDALL D. BUCKLEY, an individual
man,
Plaintiff - Appellant,
v.
COUNTRYWIDE HOME LOANS INC, a
New York corporation and
COUNTRYWIDE FINANCIAL
CORPORATION, a Delaware corporation,
Defendants - Appellees.
No. 10-56180
D.C. No. 3:09-cv-00064-DMS-
WMC
ORDER
Appeal from The United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Argued and Submitted January 9, 2012
Pasadena, California
Before: REINHARDT and W. FLETCHER, Circuit Judges, and BREYER*, District
Judge.*
FILED
JAN 20 2012
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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On the assumption that changes to the initial written disclosures were routinely
made orally, we affirm without prejudice the district court’s decision denying class
certification. The District Court may, however, wish to conduct further proceedings
regarding the actual practice of Countrywide, including whether logs were kept of
calls relating to such changes, and may permit plaintiff to conduct further discovery
toward that end.
AFFIRMED.
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