MICHAEL TATE V. FAMILY AUTO GROUP, INC., No. 15-56087 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JUL 10 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MICHAEL TATE, No. 15-56087 Plaintiff-Appellant, D.C. No. 2:14-cv-08738-SJO-MRW v. FAMILY AUTO GROUP, INC., a California corporation, MEMORANDUM* Defendant-Appellee. Appeal from the United States District Court for the Central District of California S. James Otero, 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 Tate v. Family Auto Grp., Inc., No. 15-56087 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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