LAMBERT v. NUTRACEUTICAL CORP.

No. 15-56423.

870 F.3d 1170 (2017)

Troy LAMBERT, on Behalf of Themselves and All Others Similarly Situated, Plaintiff-Appellant, v. NUTRACEUTICAL CORP., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2017.


Attorney(s) appearing for the Case

Gregory Weston (argued) and David Elliott , The Weston Firm, San Diego, California; Ronald A. Marron , The Law Offices of Ronald A. Marron APLC, San Diego, California; for Plaintiff-Appellant.

Steven N. Feldman (argued) and John C. Hueston , Hueston Hennigan LLP, Los Angeles, California; Jon F. Monroy , Monroy Averbuck & Gysler, West Lake Village, California; for Defendant-Appellee.

Before: Richard A. Paez, Marsha S. Berzon, and Morgan Christen, Circuit Judges.


OPINION

Federal Rule of Civil Procedure 23(f) allows a litigant to seek an interlocutory appeal of a district court's order granting or denying class certification. This case is about whether and when the fourteen-day Rule 23(f) deadline may be tolled. In a matter of first impression for this court, we hold that the...

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