About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (2018)

handle is hein.preview/prvwtcheawof0001 and id is 1 raw text is: 




No. 17-961


                 In the Suprene Court of the Uniteb *tates

               THEODORE  H. FRANK and MELISSA ANN HOLYOAK,
                                                       Petitioners,
                                    V.
                    PALOMA GAOS, on behalf of herself and
                      all others similarly situated, et al.,
                                                     Respondents.

                On  Writ of Certiorari to the United States
                  Court of Appeals for the Ninth Circuit

                    PETITIONERS' OPPOSITION TO
               ROY  A. KATRIEL'S  MOTION   FOR  LEAVE  TO
            PARTICIPATE IN ORAL ARGUMENT AS AMICUS
                CURIAE   AND  FOR  DIVIDED  ARGUMENT




      As Supreme  Court Rule 21.4 permits, Petitioners Theodore H. Frank and

Melissa Ann Holyoak oppose the motion of Roy A. Katriel for leave to participate in

oral argument as amicus curiae and for divided argument. Katriel's amicus brief in

fact supports the respondents, but his idiosyncratic argument to deny class-action-

settlement objectors appellate standing was not advanced by either respondent

because it is frivolous. As such, Katriel's participation would not assist the Court.

      1.   Katriel asserts that he is amicus curiae in support of neither party.

But he seeks to argue that no objector to a Rule 23(b)(3) settlement has constitutional

standing to appeal a district court's approval of a class-action settlement overruling

his or her objection. This unprecedented position would preclude appellate judicial

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most