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Jimenez v. Allstate Ins. Co.

United States Court of Appeals, Ninth Circuit

September 3, 2014

JACK JIMENEZ, individually and on behalf of other members of the general public similarly situated, Plaintiff-Appellee,
v.
ALLSTATE INSURANCE COMPANY, an Illinois corporation, Defendant-Appellant

Argued and Submitted, Pasadena, California June 4, 2014.

Appeal from the United States District Court for the Central District of California. D.C. No. 2:10-cv-08486-JAK-FFM. John A. Kronstadt, District Judge, Presiding.

SUMMARY[**]

Class Certification

The panel affirmed the district court's grant of class certification to about 800 Allstate Insurance Company employees in California who alleged that Allstate had a practice or unofficial policy of requiring its claim adjusters to work unpaid off the-the-clock overtime in violation of California law.

The panel held that the district court did not abuse its discretion in applying Fed.R.Civ.P. 23(a)(2)'s commonality requirement.

The panel also held that the class certification order did not violate Allstate's due process rights. Specifically, the panel held that the class certification order preserved Allstate's opportunity to raise any individualized defenses at the damages phase, and that the district court's approval of statistical modeling did not violate Allstate's due process rights.

James M. Harris (argued), Andrew M. Paley, Sheryl L. Skibbe, John R. Giovannone, and Kiran Aftab Seldon, Seyfarth Shaw LLP, Los Angeles, California, for Defendant-Appellant.

Alexander R. Wheeler (argued), R. Rex Parris, Kitty Szeto, Jacob L. Karczewski, and John M. Bickford, R. Rex Parris Law Firm, Lancaster, California, for Plaintiff-Appellee.

Gretchen M. Nelson, Kreindler & Kreindler LLP, Los Angeles California; and David M. Arbogast, Arbogast Bowen LLP, Los Angeles, California, for Amici Curiae The Consumer Attorneys of California, California Employment Lawyers Association, and The Impact Fund.

Before: Ronald M. Gould and N.R. Smith, Circuit Judges, and Edward R. Korman, Senior District Judge[*].

OPINION

Page 1162

GOULD, Circuit Judge:

Allstate appeals from the district court's grant of class certification to Jack Jimenez and about 800 other Allstate employees in California who allege that Allstate has a

Page 1163

practice or unofficial policy of requiring its claims adjusters to work unpaid off-the-clock overtime in violation of California law. We have jurisdiction under ...


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