Stacy Penning v. Seiu Local 1021

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 26 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

STACY PENNING, No. 20-15226

Plaintiff-Appellant, D.C. No. 4:19-cv-03624-YGR

v.

MEMORANDUM*

SERVICE EMPLOYEES

INTERNATIONAL UNION LOCAL 1021;

SERVICE EMPLOYEES

INTERNATIONAL UNION,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Yvonne Gonzalez Rogers, District Judge, Presiding

Submitted October 22, 2021** San Francisco, California

Before: BADE and BUMATAY, Circuit Judges, and SESSIONS,*** District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable William K. Sessions III, United States District Judge for the District of Vermont, sitting by designation. Plaintiff Stacy Penning appeals the district court’s dismissal of his putative

class action brought against…