Webb

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KIRK WEBB, individually and as  class representative; MANN & COOK, a legal partnership, for No. 05-56282 itself and as class representative, Plaintiffs-Appellants,  D.C. No.

CV-05-03373-R

v. OPINION

SMART DOCUMENT SOLUTIONS, LLC,

Defendant-Appellee.  Appeal from the United States District Court for the Central District of California Manuel L. Real, District Judge, Presiding

Argued and Submitted May 10, 2007—Pasadena, California

Filed August 27, 2007

Before: Andrew J. Kleinfeld and Richard A. Paez, Circuit Judges, and William Hart,* Senior Judge.

Opinion by Judge Paez

*The Honorable William Hart, Senior United States District Judge for the Northern District of Illinois, sitting by designation.

10547 WEBB v. SMART DOCUMENT SOLUTIONS 10549

COUNSEL

Barrett S. Litt and Paul J. Estuar, Litt, Estuar, Harrison, Miller & Kitson, LLP, Los Angeles, California, for the plaintiffs- appellants. 10550 WEBB v. SMART DOCUMENT SOLUTIONS Martin D. Bern, Munger, Tolles & Olson, LLP, San Fran- cisco, California, for the…