Howard Ackerman v. Nevada Dept. of Corrections

MEMORANDUM

Howard Ackerman appeals the district court’s orders denying a proposed class action settlement, decertifying a stipulated class, and denying his request for attorney’s fees. We have jurisdiction under 28 U.S.C. § 1291 , and we dismiss in part and affirm in part.

1. We must raise issues of mootness sua sponte. Gator.com Corp. v. L.L. Bean, Inc., 398 F.3d 1125, 1129 (9th Cir. 2005) (en banc). Ackerman admitted that, by May 2013, the Nevada Department of Corrections served food that was properly certified as kosher by an appropriate rabbinic organization. Ackerman did not file a motion to re-certify the class and did not oppose Defendants’ motion to dismiss the case. And Ackerman states in his opening brief that he prevailed in the district court. Thus, Ackerman’s claims are moot, and we lack jurisdiction to consider Ackerman’s appeal of the district court’s denial of a proposed class action settlement and de-certification of the stipulated class. See Tate v. Univ. Med. Ctr. of S. Nev., 606 F.3d 631, 634 (9th Cir. 2010) (holding that a court lacks jurisdiction when the issues in a case are no longer live).

2. The district court’s decision denying a request for…