Can a plaintiff bring a motion to dismiss an individual's claim which duplicate allegations and requests for relief in a pending class action?
MultiRegion, United States of America
The following excerpt is from Newman v. Gomez, 56 F.3d 72 (9th Cir. 1995):
A district court may dismiss an individual's claims which duplicate allegations and requests for relief in pending class action in which plaintiff is a class member. Crawford v. Bell, 599 F.2d 890, 892-93 (9th Cir. 1979). However, a district court should not dismiss an individual's claims if the allegations or request for relief go beyond the pending class action. Id. at 893.
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