David M. Swinton, on behalf of himself and all others similarly situated, Plaintiff - Appellee v. Squaretrade, Inc., Defendant - Appellee, Adam J. Starke, Movant - Appellant, 960 F.3d 1001

Summary

HOLDINGS: [1]-A putative class plaintiff was properly denied intervention of right under Fed. R. Civ. P. 24(a)(2) in a later-filed putative class action that settled before any discovery took place because the proposed intervenor failed to meet the fourth test under the Rule requiring he show inadequate representation by the second class action as he sought the same relief for the same claims; [2]-Nor did the proposed intervenor produce sufficient evidence of a reverse auction because that fact that the second class action had copied his complaint, settled before discovery, did not include him in settlement discussions, and had not opposed arbitration did not show collusion, mendacity, or underhanded activity; [3]-The court did not have pendent appellate jurisdiction to review the denial of a motion to stay entered by the district court in the second action under the first-to-file rule.