Phil Ganezer, et al v. DirectBuy, Inc.

Filing 920090625

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
PHIL GANEZER and LYNETTE SOHL, on their own behalf and on behalf of all others similarly situated; et al., Plaintiffs-Appellees, v. DIRECTBUY, INC., an Indiana Corporation, Defendant-Appellant.

No. 09-55818 D.C. No. 2:08-cv-08666GAF-RC Central District of California, Los Angeles ORDER

Filed June 25, 2009 Before: Kim McLane Wardlaw, Johnnie B. Rawlinson, and N. Randy Smith, Circuit Judges.

ORDER The judgment of the district court is vacated. This matter is remanded to the district court with instructions to stay proceedings pending a decision by the United States Supreme Court in Hertz Corp. v. Friend, No. 08-16963, 2008 WL 4750198 (9th Cir. Oct. 30, 2008), cert. granted, 2009 WL 559348 (U.S. June 8, 2009) (No. 08-1107). The appeal is removed from the July 10, 2009, Pasadena calendar. IT IS SO ORDERED.

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