Opinion
No. 17-15434
01-03-2019
KOUROSH KENNETH HAMIDI; et al., Plaintiffs-Appellants, v. SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1000 and BETTY T. YEE, Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 2:14-cv-00319-WBS-KJN MEMORANDUM Appeal from the United States District Court for the Eastern District of California
William B. Shubb, District Judge, Presiding Argued and Submitted December 18, 2018 San Francisco, California Before: GILMAN, PAEZ, and OWENS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
The Honorable Ronald Lee Gilman, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. --------
Kourosh Hamidi ("Hamidi") appeals the district court's order granting summary judgment in favor of appellee Service Employees International Union, Local 1000 ("SEIU Local 1000"). After the parties had filed their briefs on appeal, the Supreme Court issued its decision in Janus v. American Federation of State, County, and Municipal Employees. 138 S. Ct. 2448 (2018). Although Janus did not directly address the question presented in this case, both parties agree that Janus impacts this case. Recognizing the significance of Janus, SEIU Local 1000 directed the state to stop deducting any fees from the paychecks of non-union employees. Given these developments, we vacate the district court's judgment and remand for further proceedings in light of Janus. On remand, the district court may determine in the first instance whether any of Hamidi's claims are moot.
VACATED AND REMANDED.