Settlement: Unaccepted Rule 68 Offer Does Not Automatically Moot Plaintiff’s Claim Even If Would Result In Total Satisfaction

 

District Court Dismissal Is Reversed.

     The Ninth Circuit, in Diaz v. First American Home Buyers Protection Corp., Case No. 11-57239 (9th Cir. Oct. 4, 2013) (for publication), reversed a district court’s dismissal, determining that an unaccepted F.R.Civ. P. Rule 68 offer that would have satisfied plaintiff’s individual claims does not render the claim automatically moot.