Tucker

MEMORANDUM *

Steven Tucker and Anita Laron O’Connell (hereinafter “Tucker”) brought a puta *525 tive class action in state court alleging that Intel improperly transferred the stock of 600 former Intel shareholders to the Office of the California Controller pursuant to California’s Unclaimed Property Law. Intel removed the action to federal court and sought dismissal of the complaint as preempted by the Securities Litigation Uniform Standards Act of 1998 (“SLU-SA”). See 15 U.S.C. §§ 77p(e), 78bb(f)(2). The district court ruled that the state claims were not preempted and it accordingly denied the motion to dismiss.

After that decision, the district court dismissed with prejudice all the claims brought by the named plaintiffs. 1 It then dismissed the putative class claims without prejudice. No class was ever certified.

Intel now appeals the dismissal of the uncertified class claims without prejudice, arguing that the district court erred when it ruled that those claims were not preempted by SLUSA.

We conclude that there is no case or controversy before us. 2 Tucker can no longer pursue the class claims because his individual claim has been extinguished; it was dismissed with…