FILED
NOT FOR PUBLICATION JAN 20 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RANDALL D. BUCKLEY, an individual No. 10-56180
man,
D.C. No. 3:09-cv-00064-DMS-
Plaintiff - Appellant, WMC
v.
COUNTRYWIDE HOME LOANS INC, a ORDER
New York corporation and
COUNTRYWIDE FINANCIAL
CORPORATION, a Delaware corporation,
Defendants - Appellees.
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.*
*
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.
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.