HAMIDI v. SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1000 (2019)

United States Court of Appeals, Ninth Circuit.

Kourosh Kenneth HAMIDI; et al., Plaintiffs-Appellants, v. SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1000 and Betty T. Yee, Defendants-Appellees.

No. 17-15434

Decided: January 03, 2019

Before: GILMAN,* PAEZ, and OWENS, Circuit Judges.

William James Young, Attorney, National Right to Work Legal Defense Foundation, Inc, Springfield, VA, for Plaintiffs-Appellants Jeffrey B. Demain, Esquire, Attorney, Eric P. Brown, Eve H. Cervantez, Attorney, Altshuler Berzon LLP, San Francisco, CA, for Defendant-Appellee Service Employees International Union Mark Randolph Beckington, Supervising Deputy Attorney General, AGCA-Office of the California Attorney General, Los Angeles, CA, Peter H. Chang, AGCA - Office of the California Attorney General, San Francisco, CA, for Defendant-Appellee Betty T. Yee David M.S. Dewhirst, Litigation Counsel, Freedom Foundation, Olympia, WA, for Amici Freedom Foundation, Rebecca Friedrichs

MEMORANDUM **

Kourosh Hamidi (“Hamidi”) appeals the district court's order granting summary judgment in favor of appellee Service Employees International Union, Local 1000 (“SEIU Local 1000”). After the parties had filed their briefs on appeal, the Supreme Court issued its decision in Janus v. American Federation of State, County, and Municipal Employees, ––– U.S. ––––, 138 S.Ct. 2448, 201 L.Ed.2d 924 (2018). Although Janus did not directly address the question presented in this case, both parties agree that Janus impacts this case. Recognizing the significance of Janus, SEIU Local 1000 directed the state to stop deducting any fees from the paychecks of non-union employees. Given these developments, we vacate the district court's judgment and remand for further proceedings in light of Janus. On remand, the district court may determine in the first instance whether any of Hamidi's claims are moot.

VACATED AND REMANDED.

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