The district court did not abuse its discretion in holding the plaintiff to the local rule requiring a class certification motion to be filed within 90 days of filing the complaint, particularly, as it then gave the plaintiff another 30 days to develop evidence and the right to file a supplemental brief.  Plaintiff couldn’t show he was kept from discovery needed for certification.  Rather he switched theories of the case.  Having conducted discovery on the theory that he could establish liability based on the defendant employer’s policy offending California law, he switched at the last minute to arguing that the employer’s implementation of that policy violated the law.  The district court also did not abuse its discretion in denying class certification because the plaintiff had no evidence to show that he or any other employee had actually been denied a required meal or rest break.