Fleming

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RYAN FLEMING; JOY FLEMING, 

husband and wife and the marital community composed thereof;

MIKE SMITH; DEENNA SMITH

husband and wife; BRAD HASLAM; TAMMIE HASLAM, husband and wife and the marital community composed thereof; JEREMY GOODIN, a single man, Plaintiffs-Appellants, and

SCOTT HEATON; JENNIFER HEATON,

husband and wife and the marital community composed thereof, Plaintiffs, No. 07-35979 v.  D.C. No.

CV-07-00223-JCC

KENNETH PICKARD; JANE DOE

PICKARD, husband and wife and the OPINION marital community composed thereof; JAMES MARTYN, also knows as James A. Martyn, also known as Anthony J. Martyn, also known as James A. Martynovich, also known as James A. Maretyn-Ovych, also known as Anthony J. Martynovich, also known as Anthony J. Martyn- Ovych; CATHERINE A. MARTYN husband and wife and the marital community composed thereof; M3 HOLDINGS LLC, a Washington State Limited Liability Company, Defendants-Appellees.  12875 12876 FLEMING v. PICKARD Appeal from the United States District Court for the Western District of…