United States Ninth Circuit

In this class action, plaintiff's appeal from the district court's order denying his motions for class certification and leave to amend the judgment, and granting defendant's motion for partial summary judgment, is dismissed as moot, where: 1) after the grant of partial summary judgment in defendant's favor, both parties reached a settlement agreement and the district court granted the parties' joint motion and stipulation for dismissal; 2) applying the framework in Narouz v. Charter Commc'ns, the appeal was moot because plaintiff, the putative class representative, had no financial interest or other personal interest whatsoever in class certification, and he lacked a personal stake given that he had voluntarily settled his individual claims; and 3) although plaintiff expressly retained his right to appeal the putative class claims, that fact made no difference.

Appellate Information

• Decided 12/31/2014
• Published 12/31/2014

Judges

Court

• United States Ninth Circuit

Counsel