FRANK VARELA V. LAMPS PLUS, INC., No. 16-56085 (9th Cir. 2019)

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This opinion or order relates to an opinion or order originally issued on August 3, 2017.

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED MAY 31 2019 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT FRANK VARELA, on behalf of himself and all other similarly situated, Plaintiff-Appellee, No. U.S. COURT OF APPEALS 16-56085 D.C. No. 5:16-cv-00577-DMG-KS v. LAMPS PLUS, INC.; LAMPS PLUS CENTENNIAL, INC.; LAMPS PLUS HOLDINGS, INC.; DOES, 1 through 10, inclusive, ORDER* Defendants-Appellants. On Remand from the United States Supreme Court Before: FERNANDEZ and WARDLAW, Circuit Judges. In light of the Supreme Court’s decision in Lamps Plus, Inc. v. Varela, No. 17-988, 2019 WL 1780275 (U.S. Apr. 24, 2019), the memorandum disposition of this Court dated August 3, 2017, is VACATED, and judgment is entered REVERSING the district court’s judgment. We remand this case to the district court for further proceedings consistent with the Supreme Court’s opinion. REVERSED and REMANDED. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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