Kemah Henderson, individually and on behalf of all others similarly situated; v. J.p. Morgan Chase Bank, N.a.

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KEMAH HENDERSON, individually and
on behalf of all others similarly situated; et
al.,
Plaintiffs - Appellants,
v.
J.P. MORGAN CHASE BANK, N.A.,
Defendant - Appellee.
No. 13-56095
D.C. No. 2:11-cv-03428-PSG-PLA
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Philip S. Gutierrez, District Judge, Presiding
Argued December 2, 2013
Submitted June 8, 2016
San Francisco, California
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
We reverse and remand to the district court to reconsider in light of the
California Supreme Court’s opinion in Kilby v. CVS Pharmacy, Inc., 368 P.3d 554
(Cal. 2016).
FILED
JUN 08 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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Defendant-Appellee’s Motion to File Under Seal Portions of its
Supplemental Excerpts of Record is granted.
REVERSED and REMANDED.
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