Karczewski v. Conant Auto Retail, San Diego, Inc. et al

Filing 20

ORDER spreading the mandate of the Ninth Circuit. Defenant must file an answer on or before 12/29/2017. Signed by Judge John A. Houston on 12/08/2017.(jpp)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JOHN KARCZEWSKI,

Case No.: 3:14-cv-02615-JAH-JLB
Plaintiff,

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v.

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ORDER SPREADING THE
MANDATE OF THE NINTH
CIRCUIT [Doc. No. 20]

CONANT AUTO RETAIL, SAN DIEGO
INC., a California Limited Liability
Company,

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Defendant.

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On August 1, 2017, the Court received the United States Court of Appeals for the

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Ninth Circuit’s mandate and memorandum vacating this Court’s order granting

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Defendant’s motion to dismiss with prejudice. The Ninth Circuit remanded this action for

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further proceedings in light of Karczewski v. DCH Mission Valley, LLC, No. 15-55633.

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Specifically, the Ninth Circuit held that Plaintiff has alleged facts sufficient to state a claim

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under 42 U.S.C. § 12182(b)(2)(A)(ii).

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Accordingly, IT IS HEREBY ORDERED:

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1.

The mandate issued by the Ninth Circuit on July 10, 2017 is spread;

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2.

The Clerk of Court is directed to reopen this matter for further proceedings as

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directed by the Ninth Circuit.

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3:14-cv-02615-JAH-JLB

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3.

Based on the Ninth Circuit’s determination that Plaintiff’s allegations are

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sufficient to warrant an answer, Defendant must file an answer on or before December 29,

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2017.

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DATED:

December 8, 2017

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_________________________________
JOHN A. HOUSTON
United States District Judge

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3:14-cv-02615-JAH-JLB