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Campion v. Old Republic Protection Company, Inc.

United States Court of Appeals, Ninth Circuit

December 31, 2014

DOUGLAS J. CAMPION, on behalf of himself and all others similarly situated, Plaintiff-Appellant,
v.
OLD REPUBLIC PROTECTION COMPANY, INC., a California corporation, Defendant-Appellee

Argued and Submitted, Pasadena, California October 10, 2014.

Appeal from the United States District Court for the Southern District of California. D.C. No. 3:09-cv-00748-JMA-NLS. Jan M. Adler, Magistrate Judge, Presiding.

SUMMARY[*]

Mootness / Class Certification

The panel dismissed, as moot, Douglas Campion's appeal from the district court's order denying his motions for class certification and leave to amend the judgment, and granting Old Republic Protection Company, Inc.'s motion for partial summary judgment in a diversity insurance coverage action.

After the district court granted partial summary judgment in Old Republic's favor, Campion and Old Republic reached a settlement agreement, and the district court granted the parties' joint motion and stipulation for dismissal.

The panel applied the framework in Narouz v. Charter Commc'ns, LLC, 591 F.3d 1261, 1264 (9th Cir. 2010), and held that the appeal was moot because Campion, the putative class representative, had no financial interest or other personal interest whatsoever in class certification, and he lacked a personal stake where he had voluntarily settled his individual claims. The panel held that although Campion expressly retained his right to appeal the putative class claims, that fact made no difference.

Judge Owens dissented from the majority's holding that the appeal was moot, and he would hold that Campion's appeal remained viable, even though he voluntarily settled his individual claims, because he retained a personal stake in the outcome -- litigating like a private attorney general on behalf of the proposed class. Judge Owens would reach the merits and hold that Campion lacked standing to pursue injunctive relief, and that the district court correctly denied class certification.

Yury A. Kolesnikov (argued) and Francis A. Bottini, Jr. (briefed), Bottini & Bottini, Inc., La Jolla, California, for Plaintiff-Appellant.

Jay N. Varon (argued), Foley & Lardner LLP, Washington, D.C.; Tammy H. Boggs (briefed), Foley & Lardner LLP, San Diego, California, for Defendant-Appellee.

Before: Andrew J. Kleinfeld, Susan P. Graber, and John B. Owens, Circuit Judges. Dissent by Judge Owens.

OPINION

Page 1145

PER CURIAM:

Douglas J. Campion appeals the district court's orders denying his motion for class certification, denying his motion for leave to amend his complaint, and granting Defendant Old Republic's motion for partial summary judgment. For ...


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