Seth Baker v. Microsoft Corporation

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SETH BAKER; MATTHEW DANZIG; No. 12-35946

JAMES JARRETT; NATHAN MARLOW;

MARK RISK, individually and on D.C. No. behalf of all others similarly 2:11-cv-00722- situated, RSM Plaintiffs-Appellants,

v. ORDER AND

AMENDED

MICROSOFT CORPORATION, a OPINION Washington Corporation, Defendant-Appellee.

Appeal from the United States District Court for the Western District of Washington Ricardo S. Martinez, District Judge, Presiding

Argued and Submitted April 7, 2014—Seattle, Washington

Filed March 18, 2015 Amended July 20, 2015

Before: Michael Daly Hawkins, Johnnie B. Rawlinson, and Carlos T. Bea, Circuit Judges.

Order; Opinion by Judge Rawlinson; Concurrence by Judge Bea SUMMARY*

Class Certification

The panel reversed the district court’s stipulated dismissal and order striking class allegations in a diversity action brought by a putative class of owners of Microsoft Corporation’s Xbox 360 video game console.

The putative class alleged a design defect in the Xbox…