FELIX MENDELSON V. COUNTY OF SAN MATEO, No. 20-17389 (9th Cir. 2021)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED OCT 27 2021 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT FELIX MENDELSON, As trustee for The Shtaiman Family Trust, No. U.S. COURT OF APPEALS 20-17389 D.C. No. 3:20-cv-05696-AGT Plaintiff-Appellant, MEMORANDUM* v. COUNTY OF SAN MATEO, Defendant-Appellee. Appeal from the United States District Court for the Northern District of California Alex G. Tse, Magistrate Judge, Presiding Argued and Submitted October 22, 2021 San Francisco, California Before: BADE and BUMATAY, Circuit Judges, and SESSIONS,** District Judge. After the district court’s consideration of this matter, the Supreme Court issued its decision in Pakdel v. City & County of San Francisco, 141 S. Ct. 2226 (2021). We vacate the district court’s order of dismissal and remand this case to * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable William K. Sessions III, United States District Judge for the District of Vermont, sitting by designation. the district court for reevaluation in light of Pakdel. We DENY Appellant’s motions to take judicial notice (Dkt. Nos. 12, 43) and GRANT Pacific Legal Foundation’s motion to become amicus curiae (Dkt. No. 17). Each party to bear its own costs. VACATED and REMANDED. 2

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