Legal Opinion
Kuang v. U.S. Dep't of Def.
District Court, N.D. California
Decided November 16, 2018No. Case No. 18-cv-03698-JSTPublishedCited by 5 opinions
1Opinion of the Court
The party seeking class certification bears the burden of demonstrating by a preponderance of the evidence that all four requirements of Rule 23(a) and at least one of the three requirements under Rule 23(b) are met. See Dukes , 564 U.S. at 350-51, 131 S.Ct. 2541.
B. Discussion
As modified, Plaintiffs' proposed class consists of:
[A]ll persons who (i) are lawful permanent residents of the United States; (ii) have signed an enlistment contract with the U.S. military; and (iii) pursuant to Defendants' October 13 memo, have not been permitted to begin initial entry training, commonly referred to as…
2Cases cited145 opinions
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- Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
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3Cited by5 opinions
- Nio v. U.S. Dep't of Homeland Sec.Court of Appeals for the D.C. Circuit · 2019
- Tiwari v. MattisDistrict Court, W.D. Washington · 2019
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- Samma v. U.S. Department of DefenseDistrict Court, District of Columbia · 2020
- Samma v. U.S. Department of DefenseDistrict Court, District of Columbia · 2020