United States Ninth Circuit

In a class action for unpaid wages, the district court's denial of the parties' motion to certify a class for settlement purposes is vacated where: 1) the voluntary dismissal by a class representative of his personal claims in a putative class action lawsuit did not render moot his appeal of the denial of class certification; and 2) the district court erred in denying class certification without providing any findings or providing any analysis of the Fed. R. Civ. P. 23 factors.

Appellate Information

• Argued 11/17/2008
• Decided 01/15/2010
• Published 01/15/2010

Judges

• Before PAMELA ANN RYMER and MILAN D. SMITH, JR., Circuit Judges, and EDWARD R. KORMAN,District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stephen M. Harris, Knapp, Peterson & Clarke, Glendale, CA, for the appellants.


• For Appellees:
  
• Steven D. Allison, Mandana Massoumi, Jessica Linehan, Dorsey & Whitney LLP, Irvine, CA, for the appellees.