Seiu

NOT FOR PUBLICATION FILED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

MARK GABRIELE; JEN-FANG LEE, No. 20-16353

Plaintiffs-Appellants, D.C. No. 2:19-cv-00292-WBS-KJN v.

SERVICE EMPLOYEES MEMORANDUM*

INTERNATIONAL UNION, LOCAL 1000;

SERVICE EMPLOYEES

INTERNATIONAL UNION,

Defendants-Appellees,

and

NATIONAL EDUCATION

ASSOCIATION OF THE UNITED

STATES; et al.,

Defendants.

Appeal from the United States District Court for the Eastern District of California William B. Shubb, District Judge, Presiding

Submitted October 22, 2021** San Francisco, California

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

Plaintiffs Mark Gabriele and Jen-Fang Lee (“Appellants”) appeal the district

court’s dismissal of their putative class action…