Lux

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 23 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CURTIS LUX; JUSTIN HYMES; KATHY No. 25-1571 WADKINS; AARON MATHIS; D.C. No. MICHAEL BATES; RICK GORDON; 2:23-cv-00839-MMD-NJK

ISHMEL BYRD,

Plaintiffs - Appellants, MEMORANDUM*

v.

ALLAN BENAVIDES, AKA Allen Glickstein; SOUTHWEST CONCRETE

PUMPING, LLC,

Defendants - Appellees.

Appeal from the United States District Court for the District of Nevada Miranda M. Du, District Judge, Presiding

Argued and Submitted January 6, 2026 Phoenix, Arizona

Before: HAWKINS, RAWLINSON, and M. SMITH, Circuit Judges.

Curtis Lux, Justin Hymes, Kathy Wadkins, Aaron Mathis, Michael Bates,

Rick Gordon, and Ishmel Byrd (collectively, Appellants) appeal the district court’s

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. grant of summary judgment in favor of Appellees. They also appeal the denial of

their motion for relief from judgment under Rule 60(b)(1) of the…