NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT FEB 12 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
KIERRE TOWNSEND, on behalf of No. 14-56910
herself, all others similarly situated, and
the general public, D.C. No. 2:14-cv-05320-FMO-RZ
Plaintiff - Appellee,
MEMORANDUM*
v.
BP AMERICA, INC., a Delaware
corporation and BP CORPORATION
NORTH AMERICA, INC., an Indiana
corporation,
Defendants,
and
BRINDERSON CONSTRUCTORS,
INC., incorrectly identified as
Brinderson Corporation,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Fernando M. Olguin, District Judge, Presiding
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
page 2
Submitted January 5, 2015**
Pasadena, California
Before: KOZINSKI, W. FLETCHER and OWENS, Circuit Judges.
In light of the Supreme Court’s decision in Dart Cherokee Basin Operating
Co. v. Owens, No. 13-719, 2014 WL 7010692 (U.S. Dec. 15, 2014), we vacate the
decision of the district court and remand for further proceedings. On remand, if
Townsend challenges jurisdiction, Brinderson shall have the opportunity to provide
evidence demonstrating that the case meets the requirements of 28 U.S.C.
§ 1332(d)(2). See Dart Cherokee, at *5.
We express no view as to the district court’s determination that it lacked
federal question jurisdiction over this case.
VACATED AND REMANDED. Costs to Appellant.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).