FRANCHISE TAX BOARD OF STATE OF CALIFORNIA v. HYATT (2019)

ORDER OF REMAND

This case comes to us on remand from the United States Supreme Court. In Franchise Tax Bd. of California v. Hyatt, 587 U.S. ––––, ––––, 139 S. Ct. 1485, 1499 (2019), the Court concluded that states retain sovereign immunity from private suits in other courts, overruling Nevada v. Hall, 440 U.S. 410 (1979), and reversed our December 26, 2017, opinion affirming in part and reversing in part the district court’s judgment in favor of respondent/cross-appellant Gilbert Hyatt. Therefore, we remand this matter to the district court with instructions that the court vacate its judgment in favor of Hyatt and take any further necessary action consistent with this order and Hyatt, 587 U.S. ––––, 139 S. Ct. 1485. Accordingly, we

ORDER this matter REMANDED to the district court for proceedings consistent with this order.