Michael Tate v. FAMILY AUTO GROUP, INC., a California corporation

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL TATE,
Plaintiff-Appellant,
v.
FAMILY AUTO GROUP, INC., a
California corporation,
Defendant-Appellee.
No. 15-56087
D.C. No.
2:14-cv-08738-SJO-MRW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
S. James Otero, 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.
FILED
JUL 10 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Tate v. Family Auto Grp., Inc., No. 15-56087
BYBEE, Circuit Judge, acquiescing dubitante:
I acquiesce dubitante for the reasons articulated in my separate opinion in
Karczewski v. DCH Mission Valley, LLC, No. 15-55633.
FILED
JUL 10 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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