Mark Kleinsasser v. Progressive Direct Ins. Co.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 18 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARK KLEINSASSER, individually and as No. 21-35351 the representative of all persons similarly situated, D.C. No. 3:17-cv-05499-BHS

Plaintiff-Appellant,

MEMORANDUM*

v.

PROGRESSIVE DIRECT INSURANCE

COMPANY; PROGRESSIVE MAX

INSURANCE COMPANY,

Defendants-Appellees.

Appeal from the United States District Court for the Western District of Washington Benjamin H. Settle, District Judge, Presiding

Argued and Submitted March 9, 2022 Seattle, Washington

Before: NGUYEN, MILLER, and BUMATAY, Circuit Judges.

Mark Kleinsasser appeals from the district court’s judgment in favor of

Progressive Direct Insurance Company and Progressive Max Insurance Company

(collectively, “Progressive”). Specifically, Kleinsasser argues that the district court

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. erred in making the following three rulings: (1) the court had jurisdiction under the

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