Misty Cumbie v. Woody Woo, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MISTY CUMBIE, on behalf of herself  and all others similarly situated, Plaintiff-Appellant, v. No. 08-35718 WOODY WOO, INC., an Oregon  D.C. No. 3:08-cv-00504-PK corporation, DBA Vita Café; WOODY WOO II, INC., an Oregon OPINION corporation, DBA Delta Café; AARON WOO, an individual, Defendants-Appellees.  Appeal from the United States District Court for the District of Oregon Paul J. Papak, Magistrate Judge, Presiding

Argued and Submitted October 6, 2009—Portland, Oregon

Filed February 23, 2010

Before: Diarmuid F. O’Scannlain and N. Randy Smith, Circuit Judges, and Charles R. Wolle,* Senior District Judge.

Opinion by Judge O’Scannlain

*The Honorable Charles R. Wolle, Senior United States District Judge for the Southern District of Iowa, sitting by designation.

2885 2888 CUMBIE v. WOODY WOO, INC.

COUNSEL

Jon M. Egan, Lake Oswego, Oregon, argued the cause for the appellant and filed briefs.

Eric A. Lindenauer, Garvey Schubert Barer, Portland, Ore- gon, argued the cause for the appellees and filed a…