In Meyer v. Portfolio Recovery Associates, LLC, ___ F.3d ___ (9th Cir. Oct. 12, 2012), the Ninth Circuit held that district courts are authorized to grant provisional class certification under Rule 23(b)(2) when issuing a preliminary injunction:
[Defendant] also argues that the district court lacked authority to certify a provisional class pursuant to FRCP 23(b)(2) because that rule only provides for final, not preliminary, injunctive relief.
FRCP 23(b) states, “A class action may be maintained if Rule 23(a) is satisfied and if ... the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole.” The plain language of FRCP 23(b)(2) does not restrict class certification to instances when final injunctive relief issues; it only requires that final injunctive relief be appropriate. [Defendant] did not show the district court incorrectly interpreted or applied FRCP 23(b)(2).
Slip op. at 12260. The opinion also holds that the district court correctly certified the class. Id. at 12257-59.