In a class action for failure to pay overtime brought by current and former Countrywide External Home Loan Consultants, the denial of class certification is affirmed where no rule or decisional authority prohibited Defendant from filing its motion to deny certification before Plaintiffs filed their motion to certify, and Plaintiffs had ample time to prepare and present their certification argument.
Argued and Submitted February 5, 2009
Filed July 7, 2009
Opinion by Judge Callahan
Michael D. Singer, Cohelan, Khoury & Singer