Opinion
No. 13-16628
02-27-2015
ARABELLA LEMUS, Plaintiff - Appellee, v. PAUL SINGH MADAR, Objector - Appellant, v. H&R BLOCK ENTERPRISES, INC., a Missouri corporation, Defendant - Appellee.
NOT FOR PUBLICATION
D.C. No. 3:09-cv-03179-SI MEMORANDUM Appeal from the United States District Court for the Northern District of California
Susan Illston, District Judge, Presiding
Before: O'SCANNLAIN, LEAVY, and FERNANDEZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Paul Singh Madar appeals pro se from the district court's order disallowing his claim against a class action settlement fund. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. In re Gypsum Antitrust Cases, 565 F.2d 1123, 1128 (9th Cir. 1977). We affirm.
The district court did not abuse its discretion by disallowing Madar's claim to a portion of the settlement where Madar's claim was not timely received, and Madar "made no showing that [his] claim was treated in a fashion inconsistent with those of other claimants similarly situated." Id. ("In reviewing the court's exercise of its discretion, we are not to substitute our ideas of fairness for those of the district judge in the absence of evidence that [she] acted arbitrarily[.]" (citation and internal quotation marks omitted)).
AFFIRMED.