Applying the Supreme Court’s decision in Campbell-Ewald v. Gomez, the Ninth Circuit in Chen v. Allstate Ins. Co., No. 13-16816, 2016 U.S. App. LEXIS 6627, held that where a defendant deposits the full amount of Plaintiff’s claims in an escrow account payable to Plaintiff, “pending entry of a final district court order or judgment directing the escrow agent to pay the tendered funds,” it does not moot either Plaintiff’s individual claim, or the action as a whole.

According to the Ninth Circuit, under these circumstances, Plaintiff’s individual claim cannot be moot, as Plaintiff has not yet received any actual relief, and Defendant has not unconditionally relinquished its interest in the deposited funds. Chen, 2016 U.S. App. LEXIS 6627 at *25.  Moreover, the Court found it inappropriate to enter judgment on a Plaintiff’s individual claims, over his objection, before Plaintiff has had a fair opportunity to move for class certification.  Id. at *28.  Notably, however, the Court “assumed, without deciding,” that it might be appropriate under certain circumstances to enter judgment over Plaintiff’s objection; for example, where Defendant “unconditionally surrenders, and only the Plaintiff’s obstinacy or madness prevents her from accepting total victory.”  Id., at *29 ( quoting Genesis Healthcare Corp. v. Symczyk, 133 S.Ct. 1523, 1536 (2013) (Kagan, J., dissenting).