Ganezer v. Directby

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

PHIL GANEZER and LYNETTE SOHL,  No. 09-55818 on their own behalf and on behalf of all others similarly situated; et D.C. No. al., 2:08-cv-08666-

Plaintiffs-Appellees,

 GAF-RC

Central District of

v.

California,

DIRECTBUY, INC., an Indiana Los Angeles Corporation, ORDER

Defendant-Appellant.



Filed June 25, 2009

Before: Kim McLane Wardlaw, Johnnie B. Rawlinson, and N. Randy Smith, Circuit Judges.

ORDER

The judgment of the district court is vacated. This matter is remanded to the district court with instructions to stay proceedings pending a decision by the United States Supreme Court in Hertz Corp. v. Friend, No. 08-16963, 2008 WL 4750198 (9th Cir. Oct. 30, 2008), cert. granted, 2009 WL 559348 (U.S. June 8, 2009) (No. 08-1107). The appeal is removed from the July 10, 2009, Pasadena calendar.

IT IS SO ORDERED.

PRINTED FOR

ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON REUTERS/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2009 Thomson Reuters/West.