NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 27 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FELIX MENDELSON, As trustee for The No. 20-17389
Shtaiman Family Trust,
D.C. No. 3:20-cv-05696-AGT
Plaintiff-Appellant,
v. MEMORANDUM*
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