Costco

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 4 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JASON THOMAS, individually and on No. 21-55335 behalf of all others similarly situated, D.C. No. Plaintiff-Appellant, 3:20-cv-00718-LAB-BLM

v.

MEMORANDUM*

COSTCO WHOLESALE CORPORATION,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding

Argued and Submitted February 16, 2022 Pasadena, California

Before: OWENS and MILLER, Circuit Judges, and CHRISTENSEN,** District Judge.

Plaintiff-Appellant Jason Thomas appeals the district court’s decision

granting summary judgment for Defendant Costco Wholesale Corporation

(“Costco”). Because the parties are familiar with the facts of this case, we need not

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Dana L. Christensen, United States District Judge for the District of Montana, sitting by designation. recount them here. We review for…