Following Officers for Justice v. Civil Service Commission (9th Cir. 1982) 688 F.2d 615, this decision holds that a class member who has been given the opportunity to opt out immediately after a 23(b)(3) class was certified has no due process or other right to a second chance to opt out once the parties reach a class action settlement.  This decision also holds that a class notice which follows the Federal Judicial Council form does not guarantee a second opt-out opportunity after a settlement, despite stating in part “If you stay in, and the Plaintiffs obtain money or benefits, either as a result of the trial or a settlement, you will be notified about how to obtain a share (or how to ask to be excluded from any settlement).”  The parenthetical refers to opting out of the settlement not opting out of the class action, and read in light of the rest of the notice could not have that meaning as the rest of the notice is clear that a class member must opt out immediately or not at all.

 Ninth Circuit Court of Appeals (Nguyen, J.); February 6, 2018; 2018 WL 718916.