Addressing the question of whether American Pipe permits tolling for a plaintiff who files a separate action pending class certification, the U.S. Ninth Circuit Court of Appeals shares “the prevailing view that precluding tolling in this situation satisfies the judicial economy concerns of American Pipe without jeopardizing protections that exist for plaintiffs who opt out of the class. We should not allow a plaintiff to file an individual suit, which is in essence a signal that the plaintiff is opting out of a class, and then simultaneously give the same plaintiff class action benefits.” Tolling, the court continued, is “‘not intended to be a tool to manipulate limitations periods for parties who, intending all along to pursue individual claims, assert reliance on the proposed class action just long enough to validate their otherwise time barred claims.’ Accordingly, we hold that this individual who filed a separate suit pending a decision on class certification loses the benefit of any statute of limitations tolling under American Pipe.”  See In re: Hanford Nuclear Reservation Litigation, No.05-35648, 2007 WL 2302365 (9th Cir. Aug. 14, 2007).