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Newton v. Parker Drilling Mgmt. Servs., Ltd.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jul 23, 2019
No. 15-56352 (9th Cir. Jul. 23, 2019)

Opinion

No. 15-56352

07-23-2019

BRIAN NEWTON, an individual, Plaintiff-Appellant, v. PARKER DRILLING MANAGEMENT SERVICES, LTD., Erroneously Sued As Parker Drilling Management Services, Inc., Defendant-Appellee, and PARKER DRILLING MANAGEMENT SERVICES, INC., a Nevada Corporation, Defendant.


NOT FOR PUBLICATION

D.C. No. 2:15-cv-02517-RGK-AGR ORDER On Remand from the United States Supreme Court Before: PAEZ, BERZON, and CHRISTEN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. --------

Brian Newton sued his former employer, Parker Drilling, in California state court for wage and hour violations under California law. Parker removed the case to federal district court and moved for judgment on the pleadings. The district court granted Parker's motion, concluding that under the Outer Continental Shelf Lands Act, 43 U.S.C. §§ 1331-1356b ("OCSLA"), the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et. seq., is a comprehensive statutory scheme that leaves no room for state law to address wage and hour grievances. Newton appealed, and we vacated and remanded. Newton v. Parker Drilling Mgmt. Servs., 881 F.3d 1078, 1081-82 (9th Cir. 2018). Parker petitioned for writ of certiorari, which the Supreme Court granted. Parker Drilling Mgmt. Servs. v. Newton, 139 S. Ct. 914 (2019).

The Supreme Court's opinion issued on June 10, 2019. Parker Drilling Mgmt. Servs. v. Newton, 139 S. Ct. 1881 (2019). In accordance with the Court's opinion, we affirm the district court's order dismissing Newton's California law minimum wage and overtime claims. Because our opinion did not analyze Newton's other state-law claims and held that Newton should be given leave to amend his complaint, the Supreme Court vacated and remanded the case to us. We, in turn, VACATE and REMAND to the district court for further proceedings consistent with the Court's opinion.


Summaries of

Newton v. Parker Drilling Mgmt. Servs., Ltd.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jul 23, 2019
No. 15-56352 (9th Cir. Jul. 23, 2019)
Case details for

Newton v. Parker Drilling Mgmt. Servs., Ltd.

Case Details

Full title:BRIAN NEWTON, an individual, Plaintiff-Appellant, v. PARKER DRILLING…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jul 23, 2019

Citations

No. 15-56352 (9th Cir. Jul. 23, 2019)