Abc Sand & Rock Co v. County of Maricopa

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 17, 2015
• Docket: 13-17542
• Status: Unpublished

Opinion

FILED NOT FOR PUBLICATION DEC 17 2015

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ABC SAND AND ROCK COMPANY No. 13-17542 INCORPORATED, D.C. No. 2:13-cv-00058-NVW Plaintiff - Appellant, MEMORANDUM* v.

COUNTY OF MARICOPA; MARICOPA COUNTY FLOOD CONTROL DISTRICT; TIMOTHY PHILLIPS; JANE DOE PHILLIPS; JACK GUZMAN; JANE DOE GUZMAN; MIKE JONES; JANE DOE JONES; ED RALEIGH; JANE DOE RALEIGH; DEWAYNE JUSTICE; JANE DOE JUSTICE; MELVIN MARTIN; JANE DOE MARTIN; HEMANT PATEL; JANE DOE PATEL; SCOTT WARD; JANE DOE WARD; WYLIE BEARUP; JANE DOE BEARUP; UNKNOWN PARTIES, John Doe County Employees I-X, Jane Doe County Employees I-X, John Does I-X, and Jane Does I-X,

Defendants - Appellees.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. page 2 Appeal from the United States District Court for the District of Arizona Neil V. Wake, District Judge, Presiding

Argued and Submitted December 9, 2015 San Francisco, California

Before: KOZINSKI, BYBEE and CHRISTEN, Circuit Judges.

The motions to take judicial notice are GRANTED.

AFFIRMED with regard to the federal claims for the reasons stated by the

district court. The state law claims are REMANDED to the district court with

instructions to remand to the state court for further proceedings.