NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 27 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FELIX MENDELSON, As trustee for The No. 20-17389 Shtaiman Family Trust, D.C. No. 3:20-cv-05696-AGT Plaintiff-Appellant,

v. MEMORANDUM*

COUNTY OF SAN MATEO,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Alex G. Tse, Magistrate Judge, Presiding

Argued and Submitted October 22, 2021 San Francisco, California

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

After the district court’s consideration of this matter, the Supreme Court

issued its decision in Pakdel v. City & County of San Francisco, 141 S. Ct. 2226

(2021). We vacate the district court’s order of dismissal and remand this case to

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable William K. Sessions III, United States District Judge for the District of Vermont, sitting by designation. the district court for reevaluation in light of Pakdel. We DENY Appellant’s

motions to take judicial notice (Dkt. Nos. 12, 43) and GRANT Pacific Legal

Foundation’s motion to become amicus curiae (Dkt. No. 17). Each party to bear its

own costs.

VACATED and REMANDED.

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