Ganezer v. Directby ( 2009 )

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
PHIL GANEZER and LYNETTE SOHL,  No. 09-55818
on their own behalf and on behalf
of all others similarly situated; et D.C. No.
al., 2:08-cv-08666-
Plaintiffs-Appellees,
 GAF-RC
Central District of
v.
California,
DIRECTBUY, INC., an Indiana Los Angeles
Corporation,
ORDER
Defendant-Appellant.

Filed June 25, 2009
Before: Kim McLane Wardlaw, Johnnie B. Rawlinson, and
N. Randy Smith, Circuit Judges.
ORDER
The judgment of the district court is vacated. This matter
is remanded to the district court with instructions to stay pro-
ceedings pending a decision by the United States Supreme
Court in Hertz Corp. v. Friend, No. 08-16963, 2008 WL
4750198 (9th Cir. Oct. 30, 2008), cert. granted, 2009 WL
559348 (U.S. June 8, 2009) (No. 08-1107). The appeal is
removed from the July 10, 2009, Pasadena calendar.
IT IS SO ORDERED.
8191
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