JUAREZ v. JANI KING OF CALIFORNIA INC (2018)

United States Court of Appeals, Ninth Circuit.

Alejandro JUAREZ; et al., Plaintiffs-Appellants, v. JANI-KING OF CALIFORNIA, INC., a Texas corporation; et al., Defendants-Appellees.

No. 12-17759

Decided: June 26, 2018

Before: TASHIMA, McKEOWN, and CLIFTON, Circuit Judges.

Shannon Liss-Riordan, Esquire, Lichten & Liss-Riordan, P.C., Boston, MA, Monique Olivier, Attorney, Olivier Schreiber & Chao LLP, San Francisco, CA, James C. Sturdevant, Attorney, The Sturdevant Law Firm, San Francisco, CA, for Plaintiffs-Appellants Kerry Bundy, Attorney, Aaron Daniel Van Oort, Faegre Baker Daniels, Minneapolis, MN, Benjamin K. Riley, Esquire, Attorney, Bartko Zankel Bunzel & Miller, San Francisco, CA, for Defendants-Appellees Catherine Ruckelshaus, Litigation Counsel, National Employment Law Project, New York, NY, for Amici Curiae California Rural Legal Assistance Foundation, Centro Legal de la Raza, Chinese Progressive Association, La Raza Centro Legal, Maintenance Cooperation Trust Fund, National Employment Law Project, National Lawyers' Guild-Labor and Employment Committee, Worksafe, Inc. Jonathan Craig Solish, Esquire, Attorney, Bryan Cave Leighton Paisner LLP, Santa Monica, CA, for Amicus Curiae International Franchise Association

ORDER **

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, 232 Cal.Rptr.3d 1, 416 P.3d 1 (2018).

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.

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