Carideo v. U.S.

Full title: In re Kristin CARIDEO; Catherine Candler. Kristin Carideo; Catherine…

Court: United States Court of Appeals, Ninth Circuit

Date published: Dec 16, 2008

550 F.3d 846 (9th Cir. 2008)

Opinion

No. 07-74458.

Submitted December 9, 2008.^_

_ The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed December 16, 2008.

Beth E. Terrell, Terrell Marshall Daudt PLLC, Seattle, WA, for petitioners Kristin Carideo and Catherine Candler.

Paul Schlaud, Reeves Brightwell LLP, Austin, TX, for real party in interest Dell Inc.

Appeal from the United States District Court for the Western District of Washington; James L. Robart, District Judge, Presiding. D.C. No. CV-06-01772-JLR.

Before RONALD M. GOULD, RICHARD C. TALLMAN, and CONSUELO M. CALLAHAN, Circuit Judges.

ORDER

The petition for writ of mandamus is DENIED without prejudice. In light of the intervening authority of McKee v. AT T Corp., 164 Wash.2d 372, 191 P.3d 845 (2008), this case is remanded to the district court to reconsider its order denying Petitioners' Rule 60(b) motion for relief from its order compelling arbitration.

PETITION DENIED. REMANDED FOR RECONSIDERATION.