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PITTS v. TERRIBLE HERBST, INC.

No. 10-15965.

653 F.3d 1081 (2011)

Gareth PITTS, Plaintiff-Appellant, v. TERRIBLE HERBST, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2011.

Attorney(s) appearing for the Case

Leon Greenberg , Leon Greenberg Professional Corporation, Las Vegas, NV, for the plaintiff-appellant.

Patrick H. Hicks , Wendy M. Krincek , and Wesley C. Shelton (argued), Littler Mendelson, P.C., Las Vegas, NV, for the defendant-appellee.

Before: FERDINAND F. FERNANDEZ and JAY S. BYBEE, Circuit Judges, and JAMES K. SINGLETON, Senior District Judge.

OPINION

BYBEE, Circuit Judge:

We must decide, inter alia, whether a rejected offer of judgment for the full amount of a putative class representative's individual claim moots a class action complaint where the offer precedes the filing of a motion for class certification. We hold that it does not.

I

In April 2009, Gareth Pitts filed a class action complaint in Nevada state court against his employer, Terrible Herbst, Inc. ("Terrible")....

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