FILED

NOT FOR PUBLICATION DEC 17 2015

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ABC SAND AND ROCK COMPANY No. 13-17542

INCORPORATED,

D.C. No. 2:13-cv-00058-NVW Plaintiff - Appellant,

MEMORANDUM*

v.

COUNTY OF MARICOPA;

MARICOPA COUNTY FLOOD

CONTROL DISTRICT; TIMOTHY

PHILLIPS; JANE DOE PHILLIPS;

JACK GUZMAN; JANE DOE

GUZMAN; MIKE JONES; JANE DOE

JONES; ED RALEIGH; JANE DOE

RALEIGH; DEWAYNE JUSTICE;

JANE DOE JUSTICE; MELVIN

MARTIN; JANE DOE MARTIN;

HEMANT PATEL; JANE DOE

PATEL; SCOTT WARD; JANE DOE

WARD; WYLIE BEARUP; JANE DOE

BEARUP; UNKNOWN PARTIES, John Doe County Employees I-X, Jane Doe County Employees I-X, John Does I-X, and Jane Does I-X,

Defendants - Appellees.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. page 2 Appeal from the United States District Court for the District of Arizona Neil V. Wake, District Judge, Presiding

Argued and Submitted December 9, 2015 San Francisco, California

Before: KOZINSKI, BYBEE and CHRISTEN, Circuit Judges.

The motions to take judicial notice are GRANTED.

AFFIRMED with regard to the federal claims for the reasons stated by the

district court. The state law claims are REMANDED to the district court with

instructions to remand to the state court for further proceedings.