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NOT FOR PUBLICATION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
JOHN KARCZEWSKI, No. 15-55588
Plaintiff-Appellant, D.C. No.
3:14-cv-02701-MMA-WVG
v.
K MOTORS, INC., MEMORANDUM*
Defendant-Appellee.
Appeal from the United States District Court
for the Southern District of California
Michael M. Anello, 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
Karczewski v. K Motors Inc., No. 15-55588
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.