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BRADY v. AUTOZONE STORES, INC.

No. 19-35122.

960 F.3d 1172 (2020)

Michael BRADY, Plaintiff-Appellant, v. AUTOZONE STORES, INC.; Autozoners LLC, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn March 3, 2020.

Resubmitted May 27, 2020 Seattle, Washington.

Filed June 3, 2020.

Attorney(s) appearing for the Case

Michael C. Subit (argued) and Christie J. Fix , Frank Freed Subit & Thomas LLP, Seattle, Washington, for Plaintiff-Appellant.

Todd L. Nunn (argued), and Patrick M. Madden , and Stephanie Wright Pickett , K&L Gates LLP, Seattle, Washington, for Defendants-Appellees.

Toby J. Marshall and Blythe H. Chandler , Terrell Marshall Law Group PLLC, Seattle, Washington; Jeffrey L. Needle , Law Office of Jeffrey L. Needle, Seattle, Washington; for Amicus Curiae Washington Employment Lawyers Association.

Robert W. Ferguson , Attorney General; James P. Mills , Assistant Attorney General; Office of the Attorney General, Tacoma, Washington; for Amicus Curiae Washington State Department of Labor and Industries.

Before: Sandra S. Ikuta, Ryan D. Nelson, and Danielle J. Hunsaker, Circuit Judges.

OPINION

This case requires us to decide what happens when a class representative voluntarily settles only his individual claims without indicating any financial stake in the unresolved class claims. We conclude that such a scenario renders the class claims moot, and therefore dismiss this appeal.

I

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