Alejandro Juarez v. Jani-King of California ( 2018 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 26 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALEJANDRO JUAREZ; et al., No. 12-17759
Plaintiffs-Appellants, D.C. No. 3:09-cv-03495-SC
v.
ORDER*
JANI-KING OF CALIFORNIA, INC., a
Texas corporation; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of California
Samuel Conti, District Judge, Presiding
Submitted and Submission Deferred February 12, 2015**
Resubmitted June 26, 2018
San Francisco, California
Before: TASHIMA, McKEOWN, and CLIFTON, Circuit Judges.
This case is resubmitted for decision and remanded for further proceedings
in the district court in light of the California Supreme Court’s decision in Dynamex
Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018).
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
In addition, appellants’ motions to take judicial notice, dkt #14 and dkt #15,
and appellees’ motion to take judicial notice, dkt #63, are DENIED as MOOT.
2