Kiran Kaur, individually v. THINGS REMEMBERED, INC., a Delaware Corporation

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KIRAN KAUR, individually, and on
behalf of other members of the
general public similarly situated,
Plaintiff-Petitioner,
v.
THINGS REMEMBERED, INC., a
Delaware Corporation,
Defendant-Respondent.
No. 16-80060
D.C. No.
3:14-cv-05544-VC
ORDER
Filed July 20, 2016
Before: Alex Kozinski and Richard A. Paez,
Circuit Judges.
ORDER
Petitioner’s motion for leave to file a reply in support of
the petition is GRANTED. The reply has been filed.
The court, in its discretion, GRANTS the petition for
permission to appeal the district court’s April 20, 2016 order
denying class action certification. See Fed. R. Civ. P. 23(f);
Chamberlan v. Ford Motor Co., 402 F.3d 952 (9th Cir. 2005)
(per curiam). Within 14 days after the date of this order,

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KAUR V. THINGS REMEMBERED, INC. 2
petitioner shall perfect the appeal in accordance with Federal
Rule of Appellate Procedure 5(d).
In addition to all other issues the parties may wish to raise
in this appeal, the parties shall brief the issue of whether the
district court should have considered less drastic alternatives
before denying class certification based on concerns with the
vigor of class counsel’s representation. See, e.g., Busby v.
JRHBW Realty, Inc., 513 F.3d 1314, 1323–24 (11th Cir.
2008) (“In the event that class counsel does act improperly,
the ordinary remedy is disciplinary action against the lawyer
and remedial notice to class members, not denial of class
certification.”) (internal citation omitted).
The court sua sponte GRANTS any individual or entity
leave under Federal Rule of Appellate Procedure 29(a) to file
an amicus curiae brief addressing the above-stated issue in
this appeal. The brief(s) shall comply with Federal Rule of
Appellate Procedure 29(c) and (d); the due dates are governed
by Rule 29(e).

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