ALEJANDRO JUAREZ V. JANI-KING OF CALIFORNIA, No. 12-17759 (9th Cir. 2018)

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FILED NOT FOR PUBLICATION JUN 26 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT ALEJANDRO JUAREZ; et al., Plaintiffs-Appellants, No. U.S. COURT OF APPEALS 12-17759 D.C. No. 3:09-cv-03495-SC v. ORDER* JANI-KING OF CALIFORNIA, INC., a Texas corporation; et al., Defendants-Appellees. Appeal from the United States District Court for the Northern District of California Samuel Conti, District Judge, Presiding Submitted and Submission Deferred February 12, 2015** Resubmitted June 26, 2018 San Francisco, California Before: TASHIMA, McKEOWN, and CLIFTON, Circuit Judges. 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 (2018). * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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. 2

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