before class certification has been sought will render the case moot the answer to that question should be yes with a plate that has been offered everything that it could recover in court on its individual claim and the rest is certified class there was no further case or controversy for the district court to adjudicate on the merits and the plaintiff is not entitled to continue to litigate its claim just because it wants to the district court in their view easily determinable relief that you can offer another really practical is example is that a lot of defendants very hard before they're going to make an offer to pay a plaintive in a case everything they're asking for where they're not easily ascertainable but the fundamental fact is that article three demands the relief it demands what we're saying and where any other circuits say well one has held that a complete which both parties have an interest in so as far as article three i'm curious the court serving guarantee me any constitutional jurisdictional issue here in the circuit the cruise case controls to the overseas military sales case and this court where to quote the plate and wanted to continue with its appeal wanted to continue with its change challenge the defendant said no we agree with the plaintiff the court said immediately upon that statement we agree with  case became moot and there was no further injury with anywhere's the case was simply dismissed as moved and that's primarily what we're asking for here take take take guarantee you have the personal claim was entirely moot there he did have a stake at the time to quote the sad certification motion you know the time of the appellate court decided whether or not the denial was proper or not there's no personal stake left at that one level now but the court said there was still an interest in appeal to the denial of the of the having trouble with is the u s supreme court has jurisdiction to decide whether or not there should be a class action in a case where the plaintiffs individual claim was already entirely satisfied why should it make a difference article three purposes whether or not the motion for certification was itself already ruled upon by the district court as opposed to being asked for by the plaintiff that right article three purposes does that make a certified class the court subsequently in genesis question some of the diktat and roper that had turned on the possibility of of attorneys fees as being inconsistent with later cases under which attorneys fees will not have the requisite stake in the really what the class actions it's essential to for a class action class action is a expensive piece of litigation and we're saying we'd rather just pay and be done with it and if another plaintiff comes forward we're going to have to make that decision too and a lot of defendants are not going to be doing that they're not going to be saying hey i want to pay everybody who comes to my door it's actually quite an efficient process but for the defense it's a risky one and in this case we've chosen to do it there have been other ones it's not a common a we don't get any relief but i would think the court again to the overseas military sales case in that case the court players wanted to litigate the issue wanted to court to reverse wanted an injunction and the court said no the case is moot it gets dismissed without prejudice and so that's the result here and by the way the offer is on the table it remains on the table it was on the table when we filed our motion before and the district court was on the table when we filed a brief in this case court and we are willing and ready to make good on it we take the seriously we're not going to be asking the court to dismiss for movies and then not agreeing to do what we said we would do and you can refuse the offers then doesn't that distinguish this case from cruz because cruz the form of relief being requested the a point at which there are other interested parties in the case the lawyer is not a party that i think several times in response to judge chaos as questions about was crew scraggly decided and i'm i'm sort of the correctness of the rule i think that it does make sense that you are not class members are not in the case until there's a certified class at that point that's where there is a separate interest in the case before that happens a article three cognize of all concrete interest on behalf of a plaintive you're talking about a lawyer that wants to represent unnamed plaintiffs that is not the same as saying that the plaintiff before the court which in this case is only won by as the aca as an interest we are going to compensate that interest fairly and by the way the district court did determine that the relief was full and so we have that issue off the table as well so that's the real the answer is the plaintiff wants one hundred ten cents you've offered him one hundred cents the question is said under the certification ruling that it thinks you are right but the most he can get is one hundred statute requires but he has subsequently in extra complaint babbling said he wants this additional week that question before the district court so is the case comes down before this court there is a finding by the district court that  are no further questions like yours around