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NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NYKEYA KILBY, individually and on
behalf of all others similarly situated,
Plaintiff - Appellant,
v.
CVS PHARMACY, INC.,
Defendant - Appellee.
No. 12-56130
D.C. No. 3:09-cv-02051-MMA-
KSC
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Michael M. Anello, 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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All pending motions for judicial notice are denied as moot.
REVERSED and REMANDED.
-2-
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