Newby

MEMORANDUM **

, Richard Newby ( Newby ) appeals the dedaion of the district court finding him ineligible to participate in the Exxon Qualified Settlement Fund (“EQSF”) because he did not file a timely claim. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

W Fil’st, Newby argues that the EQSF provided him with insufficient no-rice 0f the claims deadline and claim filing information under Federal Rule of Civil Procedure 23(c)(2). Rule 23(c) has no application to the district court’s notice to potential class claimants of a claims deadline and claim filing information for a settlement fund, which is governed by Rule 23(d)(2). “[I]nstead of requiring individual *206 notice to all class members who can be identified through reasonable effort, [R]ule 23(d)(2) provides only that notice be given ‘in a manner as the court may direct.’ ” In re G'yPsum Antitrust Cases, 565 F.2d 1123, 1126 (9th Cir.1977). The sufficiency of such notice is measured “against the broader standards of due process.” Id. at 1126-27 . Even assuming that Newby’s argument as to the insufficiency of this notice was neither waived for failure to present it to the district court nor untimely brought, Newby…