United States v. 2016-07-07 | 13-17141 | DENNIS OBADO V. QUIXTAR, INC. | nonprecedential | memorandum…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JEFF POKORNY; et al.,
Plaintiffs-Appellees,
DENNIS OBADO,
Objector-Appellant,
v.
QUIXTAR, INC.; et al.,
Defendants-Appellees.
No. 13-17141
D.C. No. 3:07-cv-00201-SC
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Samuel Conti, District Judge, Presiding
Submitted July 5, 2016**
San Francisco, California
Before: SILVERMAN and NGUYEN, Circuit Judges and GARBIS,*** District
Judge.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Marvin J. Garbis, District Judge for the United States
District Court for the District of Maryland, sitting by designation.
FILED
JUL 7 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2
Dennis Obado appeals from a district court order denying his motion to be
reinstated as a class member after he had previously opted out. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
1. While there may be circumstances where equity requires a district court
to allow a person to rejoin a class after opting out, this is not such a case. Obado’s
motion to rejoin the class was filed more than nine months after the opt-out
deadline and more than two months after the second claims deadline. His excuse
for that late filing—that he never received the January 13 claims notice—was
contradicted by the claims administrator’s representations that the notice was
mailed to Obado’s address and not returned as undeliverable. Under these
circumstances, the district court was well within its discretion in denying Obado’s
motion.
2. Obado’s ineffective assistance of counsel claim is not cognizable. Such a
claim does not exist in the civil context. Even if it did exist, it would lack merit
here. Class counsel did not represent Obado during the relevant proceedings.
AFFIRMED.

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