FILED NOT FOR PUBLICATION JAN 20 2012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.