JOHN KARCZEWSKI V. CONANT AUTO RETAIL, No. 15-55893 (9th Cir. 2017)
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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT JUL 10 2017 JOHN KARCZEWSKI, No. 15-55893 Plaintiff-Appellant, MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS D.C. No. 3:14-cv-02615-JAH-JLB v. CONANT AUTO RETAIL, SAN DIEGO, INC., a California Corporation, MEMORANDUM* Defendant-Appellee. Appeal from the United States District Court for the Southern District of California John A. Houston, District Judge, Presiding Submitted February 6, 2017** Pasadena, California Before: GRABER, BYBEE, and CHRISTEN, Circuit Judges. We vacate the district court’s dismissal of this action, and we remand for reconsideration in light of Karczewski v. DCH Mission Valley, LLC, No. 15-55633. VACATED and REMANDED. Costs on appeal awarded to Plaintiff. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes that this case is suitable for decision without oral argument. Fed. R. App. P. 34(a)(2). FILED Karczewski v. Conant Auto Retail, No. 15-55893 BYBEE, Circuit Judge, acquiescing dubitante: JUL 10 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS I acquiesce dubitante for the reasons articulated in my separate opinion in Karczewski v. DCH Mission Valley, LLC, No. 15-55633.
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