Michael Tate v. Family Auto Group, Inc.

FILED NOT FOR PUBLICATION JUL 10 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MICHAEL TATE, No. 15-56087 Plaintiff-Appellant,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 MEMORANDUM* California corporation, 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 JUL 10 2017 BYBEE, Circuit Judge, acquiescing dubitante: 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.