In plaintiffs' case against defendants alleging fraudulent scheme of charging customers for services not performed and using that money to give kickbacks to real estate agents, district court's order denying class certification is affirmed and the appeal dismissed as the case is moot because plaintiffs have settled and released all of their claims against defendants. Present case is distinguishable from previous cases where the Supreme Court has allowed named plaintiffs to appeal denials of class certification even after the named plaintiffs' individual claims had become moot where plaintiffs retained a personal stake in the case because they would be able to shift part of the costs of litigation to the class members if they prevailed in their attempt at class certification.
Argued: August 5, 2009
Decided and Filed: October 27, 2009
Opinion by Circuit Judge Thapar
For Appellant: David G. Oakley, Kramer & Associates, LPA, Cleveland, Ohio
For Appellee: Ellyn Tamulewicz Mehendale, Janik LLP, Cleveland, Ohio