Leopoldo Mendoza v. Fonseca McElroy Grinding Co.

NOT FOR PUBLICATION FILED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

LEOPOLDO PENA MENDOZA; et al., No. 17-15221

Plaintiffs-Appellants, D.C. No. 3:15-cv-05143-WHO

v.

MEMORANDUM*

FONSECA MCELROY GRINDING CO.,

INC; GRANITE ROCK COMPANY,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California William Horsley Orrick, District Judge, Presiding

Argued and Submitted November 13, 2018 Submission Withdrawn January 15, 2019 Resubmitted October 22, 2021 San Francisco, California

Before: W. FLETCHER and M. SMITH, Circuit Judges, and BUCKLO,** District Judge.

Plaintiffs appeal the district court’s order granting summary judgment in favor

of Fonseca McElroy Grinding Company and Granite Rock Company. We have

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Elaine E. Bucklo, United States District Judge for the Northern District of Illinois, sitting by designation. jurisdiction pursuant to 28 U.S.C.…