VARELA v. LAMPS PLUS INC 10 (2019)

United States Court of Appeals, Ninth Circuit.

Frank VARELA, on behalf of himself and all other similarly situated, Plaintiff-Appellee, v. LAMPS PLUS, INC.; Lamps Plus Centennial, Inc.; Lamps Plus Holdings, Inc.; Does, 1 through 10, inclusive, Defendants-Appellants.

No. 16-56085

Decided: May 31, 2019

Before: FERNANDEZ and WARDLAW, Circuit Judges.

Richard Dale McCune, Jr., Esquire, Attorney, Michele M. Vercoski, Esquire, Attorney, McCune Wright Arevalo, LLP, Ontario, CA, David Christopher Wright, McCune & Wright LLP, Redlands, CA, John A. Yanchunis, Attorney, Morgan & Morgan, PA, Tampa, FL, for Plaintiff - Appellee Michael Grimaldi, Attorney, Eric Y. Kizirian, Lewis Brisbois Bisgaard & Smith LLP, Los Angeles, CA, Jeffry A. Miller, Attorney, Lewis Brisbois Bisgaard & Smith LLP, San Diego, CA, for Defendants - Appellants

ORDER *

In light of the Supreme Court’s decision in Lamps Plus, Inc. v. Varela, ––– U.S. ––––, 139 S.Ct. 1407, 203 L.Ed.2d 636 (2019), the memorandum disposition of this Court dated August 3, 2017, is VACATED, and judgment is entered REVERSING the district court’s judgment. We remand this case to the district court for further proceedings consistent with the Supreme Court’s opinion.

REVERSED and REMANDED.

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