Elgindy v. Aga Service Company
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 30, 2026
Docket24-7320
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 30 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ADAM ELGINDY; JULIANNE No. 24-7320
CHUANROONG; ANDREW TASAKOS, D.C. No.
on behalf of themselves, the general public, 4:20-cv-06304-JST
and those similarly situated,
MEMORANDUM*
Plaintiffs - Appellees,
v.
ERIC ALAN ISAACSON,
Objector - Appellant,
v.
AGA SERVICE COMPANY, doing
business as Allianz Global
Assistance; JEFFERSON INSURANCE
COMPANY; BCS INSURANCE
COMPANY,
Defendants - Appellees.
Appeal from the United States District Court
for the Northern District of California
Jon S. Tigar, District Judge, Presiding
Argued and Submitted May 18, 2026
San Francisco, California
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
Before: COLLINS, JOHNSTONE, and DE ALBA, Circuit Judges;
Partial Concurrence and Partial Dissent by Judge COLLINS.
Eric Alan Isaacson appeals the district court’s final approval of a class action
settlement and the denial of his motion to unseal. We dismiss the appeal of the
denial of the motion to unseal for lack of jurisdiction and affirm the final approval
order.
1. A district court’s order denying a motion to unseal is immediately
appealable as a collateral order treated as final under 28 U.S.C. § 1291. Ctr. for
Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 2016); see also
Digit. Equip. Corp. v. Desktop Direct, Inc., 511 U.S. 863, 867–68 (1994). An
appeal must be taken within 30 days after entry of such an order. See 28 U.S.C.
§ 2107(a); Fed. R. App. P. 4(A); SEC v. Cap. Consultants, LLC, 453 F.3d 1166,
1173 (9th Cir. 2006) (“As with all final decisions, the time for appeal of an
appealable collateral order begins to run on the date the court enters the order.
Thus, parties who do not realize that an order may be an appealable collateral order
before the time for appeal runs out will lose their opportunity to appeal.”).
The district court denied Isaacson’s motion to unseal on May 13, 2024,
making the appeal deadline June 12, 2024. Isaacson filed his notice of appeal on
November 27, 2024, well outside that window. We therefore dismiss the appeal of
the motion to unseal for lack of jurisdiction and do not reach its merits. See Bowles
2 24-7320
v. Russell, 551 U.S. 205, 206–07 (2007).
2. The district court confirmed certification of the settlement class, and
although its analysis of Federal Rule of Civil Procedure 23(a) prerequisites was
thinner than our caselaw contemplates, see Black Lives Matter L.A. v. City of L.A.,
113 F.4th 1249, 1254 (9th Cir. 2024), Isaacson has failed to show that reversal is
required.1 We have jurisdiction under 28 U.S.C. § 1291. We review de novo the
district court’s class certification for legal error, and absent such error, we review
for abuse of discretion. O’Connor v. Uber Techs., Inc., 904 F.3d 1087, 1094 (9th
Cir. 2018).
A district court must conduct a “rigorous analysis” of the Rule 23(a)
prerequisites before certifying a class, including in the settlement context. See Wal-
Mart Stores, Inc. v. Dukes, 564 U.S. 338, 350–51 (2011); Olean Wholesale
Grocery Coop., Inc. v. Bumble Bee Foods LLC, 31 F.4th 651, 664 (9th Cir. 2022)
(en banc). The district court arguably did not perform that analysis, because its
preliminary approval order recited the Rule 23(a) requirements but included no
1
Isaacson forfeited his challenge to certification based on the district court’s Rule
23(b) predominance analysis. While “an objector need not be an oracle and predict
issues that will arise for the first time in the district court’s final order,” Saucillo v.
Peck, 25 F.4th 1118, 1130 (9th Cir. 2022), Isaacson did not raise a Rule 23(b)
predominance issue after the district court issued its preliminary order. See In re
E.R. Fegert, Inc., 887 F.2d 955, 957 (9th Cir. 1989) (“The rule in this circuit is that
appellate courts will not consider arguments that are not properly raised in the trial
courts.” (citation modified)). So we decline to reach it.
3 24-7320
reasoning, and its final order contained no separate findings regarding Rule 23(a).
But we need not address this issue, because no such broader objections to the class
certification order have been preserved. The sole certification defect Isaacson
presented below was inadequate representation. Isaacson framed the defect under
both Rule 23(a)(4) and Rule 23(e)(2)(A), and the district court resolved it on the
merits. Though housed within the district court’s Rule 23(e) fairness discussion,
that analysis applied the governing Rule 23(a)(4) standard and addressed the
precise intra-class conflicts Isaacson raised.
Nor did the district court abuse its discretion on the merits by declining to
require separately represented subclasses. All class members’ claims arose from a
common course of conduct and rest on the same theory of liability. The differences
in refund percentages between Tranches One and Two correspond to differences in
the disclosures each group received. See In re Apple Inc. Device Performance
Litig., 50 F.4th 769, 781 (9th Cir. 2022) (noting that differences in harm among
class members do not necessarily require separate representation). As such, the
district court’s approval of the class was not an abuse of discretion.
3. We review for abuse of discretion the district court’s approval of
incentive awards. In re Online DVD-Rental Antitrust Litig., 779 F.3d 934, 948 (9th
Cir. 2015). Given “the number of class representatives, the average incentive
award amount, and the proportion of the total settlement that is spent on incentive
4 24-7320
awards,” the district court did not abuse its discretion in approving $5,000
incentive awards. Id. at 947–48.
DISMISSED in part, AFFIRMED in part.
5 24-7320
FILED
OCT 30 2026
Elgindy v. AGA Serv. Co., No. 24-7320
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
COLLINS, Circuit Judge, concurring in part and dissenting in part:
I concur in all but section 1 of the court’s memorandum disposition in this
case. As to the sealing issue raised by Intervenor-Objector-Appellant Eric Alan
Isaacson, I think that we have jurisdiction over the issue, but that Isaacson’s
arguments lack merit. Accordingly, I would not dismiss any portion of this appeal
but would instead affirm the district court’s judgment in its entirety. To the extent
that the majority does otherwise, I respectfully dissent.
Even assuming arguendo that Isaacson could have immediately appealed,
under the collateral order doctrine, the denial of his motion to unseal certain
materials, his failure to take such an appeal does not alone suffice to establish that
he may not raise that issue on appeal from the final judgment. Appealability under
the collateral order doctrine is not based on an “individualized jurisdictional
inquiry,” but instead is focused on “the entire category to which a claim belongs.”
Mohawk Indus., Inc. v. Carpenter, 558 U.S. 100, 107 (2009) (simplified). Thus,
even if Isaacson may benefit from our general rule that persons who have
intervened for purposes of unsealing records may take an immediate interlocutory
appeal from a denial of the requested unsealing, see Center for Auto Safety v.
Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 2016), that does not necessarily
foreclose the possibility that, after the litigation plays out to final judgment, the
sealing issue might, in the unique circumstances of that case, nonetheless turn out
to be effectively reviewable from the final judgment. That is the case here.
Isaacson is also a class member and objector, and he contends that the district court
erred in requiring him to sign the protective order in order to have access to the
requested sealed information and that this assertedly unlawful condition impeded
his ability to present his objections to the approval of the settlement. The district
court’s ruling rejecting that argument merges into the final judgment approving the
settlement and may therefore be raised on appeal from that final judgment. See
Dupree v. Younger, 598 U.S. 729, 735 (2023) (noting the “general rule” that
interlocutory rulings “merge into the final judgment, at which point they are
reviewable on appeal” (simplified)). And where, as here, the result is that there
were two opportunities to take an appeal that would embrace the issue, the settled
federal rule is that a failure to take an interlocutory appeal as of right does not
preclude raising the issue, if possible, on appeal from the final judgment. See
Baldwin v. Redwood City, 540 F.2d 1360, 1364 (9th Cir. 1976) (holding that “an
interlocutory appeal is permissive, not mandatory,” and that, “[w]hen an appeal is
not taken, the interlocutory order merges in the final judgment and may be
challenged in an appeal from that judgment”); see also Langer v. Kiser, 57 F.4th
1085, 1104–05 (9th Cir. 2023) (same).
Accordingly, we have jurisdiction to review whether the district court
2
properly sealed the materials and required Isaacson to sign a protective order as a
condition for accessing that information for purposes of objecting to the settlement.
We review that determination only for an abuse of discretion, see San Jose
Mercury News, Inc. v. United States Dist. Ct., 187 F.3d 1096, 1102 (9th Cir. 1999),
and there is none. “The law . . . gives district courts broad latitude to grant
protective orders to prevent disclosure of materials for many types of information,
including, but not limited to, trade secrets or other confidential research,
development, or commercial information.” Phillips ex rel. Estates of Byrd v.
General Motors Corp., 307 F.3d 1206, 1211 (9th Cir. 2002) (emphasis omitted).
The district court articulated the correct legal standards, and it permissibly
concluded that Defendants had adequately supported their claim that the very
limited quantity of information sealed was sufficiently competitively sensitive to
warrant its sealing, with access limited to those parties and class members who
agreed to the confidentiality restrictions contained in the district court’s protective
order.1
For the foregoing reasons, I would affirm the district court’s judgment in its
entirety.
1
I am also persuaded that Defendants have established sufficient grounds for
maintaining that information under seal in this court and that its motion to do so
(Dkt. No. 40) should be granted. I therefore concur in the court’s order granting
that motion.
3