Philip Bobbitt, individually and on behalf of all others similarly situated; v. Milberg Llp;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
PHILIP BOBBITT, individually and on
behalf of all others similarly situated; et al.,
Plaintiffs,
and
LANCE LABER,
Intervenor-Plaintiff-
Appellant,
v.
MILBERG LLP; et al.,
Defendants-Appellees.
No. 13-15812
D.C. No. 4:09-cv-00629-FRZ
District of Arizona,
Tucson
ORDER
On Remand from the
United States Supreme Court
Before: THOMAS, Chief Judge, OWENS, Circuit Judge, and BATTAGLIA,*
District Judge.
This case returns to us pursuant to the Supreme Court’s order remanding in
light of Microsoft Corp. v. Baker, 137 S. Ct. 1702 (2017).
* The Honorable Anthony J. Battaglia, United States District Judge for
the Southern District of California, sitting by designation.
FILED
FEB 1 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2
When the district court denied class certification in this case, Plaintiffs
Philip Bobbitt and John J. Sampson stipulated to voluntary dismissal with
prejudice of their personal claims, and Intervenor-Plaintiff-Appellant Lance Laber
intervened solely for the purpose of appealing the denial of class certification. In
Microsoft, the Supreme Court held that 28 U.S.C. § 1291 does not establish
jurisdiction over an appeal from a denial of class certification where the named
plaintiffs have stipulated to the dismissal with prejudice of their individual claims
in order to obtain a final judgment. 137 S. Ct. at 1715. As that is precisely the
procedural posture here, this court lacks appellate jurisdiction over this case. Cf.
Brown v. Cinemark USA, Inc., 876 F.3d 1199, 1201 (9th Cir. 2017).
Accordingly, we DISMISS this appeal for lack of jurisdiction. The parties
shall bear their own fees and costs on appeal. A certified copy of this order shall
constitute the mandate.

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