Costco

NOT FOR PUBLICATION FILED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

RANDALL CHILDRESS; CLAUDIA No. 19-35441

CHILDRESS,

D.C. No. 9:18-cv-00183-DWM Plaintiffs-Appellees,

v. MEMORANDUM*

COSTCO WHOLESALE CORPORATION,

Defendant-Appellant.

RANDALL CHILDRESS; CLAUDIA No. 19-35493

CHILDRESS,

D.C. No. 9:18-cv-00183-DWM Plaintiffs-Appellants,

v.

COSTCO WHOLESALE CORPORATION,

Defendant-Appellee.

Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding

Argued and Submitted September 4, 2020 Submission Vacated October 19, 2020 Resubmitted October 22, 2021 Seattle, Washington

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Before: BYBEE and COLLINS, Circuit Judges, and SOTO,** District Judge.

After hearing oral argument, we certified the following question, an issue of

first impression under Montana law and dispositive of the instant case,…