NAROUZ v. CHARTER COMMUNICATIONS, LLC

No. 07-56005.

591 F.3d 1261 (2010)

Hani NAROUZ, individually and on behalf of a class of similarly situated individuals, Plaintiff-Appellant, v. CHARTER COMMUNICATIONS, LLC; Falcon Telecable, a California Limited Partnership; Interlink Communications Partners, LLC, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted December 1, 2009.

Filed January 15, 2010.


Attorney(s) appearing for the Case

Stephen M. Harris, Knapp, Peterson & Clarke, Glendale, CA, for the appellants.

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

Opinion by Judge MILAN D. SMITH, JR.; Concurrence by Judge KORMAN; Partial Concurrence and Partial Dissent by Judge RYMER.


MILAN D. SMITH, JR., Circuit Judge:

This case presents the question of whether the settlement and voluntary dismissal by a class representative of his personal claims in a putative class action lawsuit renders moot his appeal of the denial of class certification. We hold that under the circumstances of this case, the appeal is not rendered moot.

FACTUAL AND PROCEDURAL BACKGROUND

Hani Narouz filed a complaint on April 7, 2005 in the Los Angeles Superior...

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