Class action defendant sought to enjoin separate suit brought by litigants who had failed to timely " opt out" of class action suit. The District Court, Merryday, J., held that: (1) pendency and continued prosecution of separate suit neither registered nor preserved litigants' election to " opt out" of related class action; (2) litigants' unexplained failure to timely deliver notice of their " opt out" election was not excusable; and (3) defendant did not waive right to enforce class action settlement
Nos. 05-16205, 05-16335. Argued and Submitted May 16, 2007. Filed June 1, 2007. Breean Breggs, Esq., Center For Justice, Spokane, WA, for Plaintiffs-Appellants. H. Tim Hoffman, Hoffman Lazear, Oakland, CA, Sarah E. Siskind, Miner Barnhill Galland, Madison, WI, for Plaintiffs. Stephen J. Newman, Esq., Stroock Stroock Lavan, Los Angeles, CA, Jonathan P. Hayden, Esq., Heller Ehrman, LLP, San Francisco, CA, for Defendants-Appellees. Appeal from the United States District Court for the Northern District