NYKEYA KILBY V. CVS PHARMACY, INC., No. 12-56130 (9th Cir. 2016)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on December 31, 2013.
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JUN 08 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT NYKEYA KILBY, individually and on behalf of all others similarly situated, Plaintiff - Appellant, No. 12-56130 D.C. No. 3:09-cv-02051-MMAKSC v. MEMORANDUM* CVS PHARMACY, INC., Defendant - Appellee. Appeal from the United States District Court for the Southern District of California Michael M. Anello, District Judge, Presiding Argued December 2, 2013 Submitted June 8, 2016 San Francisco, California Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. We reverse and remand to the district court to reconsider in light of the California Supreme Court’s opinion in Kilby v. CVS Pharmacy, Inc., 368 P.3d 554 (Cal. 2016). * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. All pending motions for judicial notice are denied as moot. REVERSED and REMANDED. -2-
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