Frank Varela v. Lamps Plus, Inc.

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 31 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRANK VARELA, on behalf of himself and No. 16-56085 all other similarly situated, D.C. No.

Plaintiff-Appellee, 5:16-cv-00577-DMG-KS

v.

LAMPS PLUS, INC.; LAMPS PLUS ORDER* CENTENNIAL, INC.; LAMPS PLUS HOLDINGS, INC.; DOES, 1 through 10, inclusive,

Defendants-Appellants.

On Remand from the United States Supreme Court

Before: FERNANDEZ and WARDLAW, Circuit Judges.

In light of the Supreme Court’s decision in Lamps Plus, Inc. v. Varela, No.

17-988, 2019 WL 1780275 (U.S. Apr. 24, 2019), the memorandum disposition of

this Court dated August 3, 2017, is VACATED, and judgment is entered

REVERSING the district court’s judgment. We remand this case to the district

court for further proceedings consistent with the Supreme Court’s opinion.

REVERSED and REMANDED.

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.