Roberto Elorreaga v. Viacomcbs Inc.

NOT FOR PUBLICATION FILED

OCT 3 2024

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERTO ELORREAGA; ROSEMARY No. 23-16041

ELORREAGA,

D.C. No. 4:21-cv-05696-HSG Plaintiffs-Appellees,

v. MEMORANDUM*

VIACOMCBS INC.,

Defendant-Appellant, ______________________________

AIR & LIQUID SYSTEMS

CORPORATION; WARREN PUMPS,

LLC,

Intervenors.

Appeal from the United States District Court for the Northern District of California Haywood S. Gilliam, Jr., District Judge, Presiding

Argued and Submitted September 11, 2024 San Francisco, California

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Before: BYBEE and MENDOZA, Circuit Judges, and M. FITZGERALD,** District Judge.

Roberto Elorreaga served in the United States Navy aboard the USS

Rupertus during the 1950s and 1960s as a machinist mate apprentice and the USS

Cowell during the 1960s as a fireman’s apprentice and an electrician’s mate.

Elorreaga sued several parties, including Defendant-Appellant ViacomCBS…