NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FILED

FOR THE NINTH CIRCUIT

JUL 10 2017

JOHN KARCZEWSKI, No. 15-55893 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

Plaintiff-Appellant, D.C. No. 3:14-cv-02615-JAH-JLB v.

CONANT AUTO RETAIL, SAN DIEGO, MEMORANDUM*

INC., a California Corporation,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California John A. Houston, District Judge, Presiding

Submitted February 6, 2017** Pasadena, California

Before: GRABER, BYBEE, and CHRISTEN, Circuit Judges.

We vacate the district court’s dismissal of this action, and we remand for

reconsideration in light of Karczewski v. DCH Mission Valley, LLC, No.

15-55633.

VACATED and REMANDED. Costs on appeal awarded to Plaintiff.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes that this case is suitable for decision without oral argument. Fed. R. App. P. 34(a)(2).

FILED

Karczewski v. Conant Auto Retail, No. 15-55893

JUL 10 2017

BYBEE, Circuit Judge, acquiescing dubitante: MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

I acquiesce dubitante for the reasons articulated in my separate opinion in

Karczewski v. DCH Mission Valley, LLC, No. 15-55633.