KEMAH HENDERSON V. JPMORGAN CHASE BANK, No. 13-56095 (9th Cir. 2016)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT JUN 08 2016 MOLLY C. DWYER, CLERK KEMAH HENDERSON, individually and on behalf of all others similarly situated; et al., No. 13-56095 U.S. COURT OF APPEALS D.C. No. 2:11-cv-03428-PSG-PLA Plaintiffs - Appellants, MEMORANDUM* v. J.P. MORGAN CHASE BANK, N.A., Defendant - Appellee. Appeal from the United States District Court for the Central District of California Philip S. Gutierrez, 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. Defendant-Appellee’s Motion to File Under Seal Portions of its Supplemental Excerpts of Record is granted. REVERSED and REMANDED. -2-

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