Michelle Himes v. Somatics, LLC

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 1 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHELLE HIMES; et al., No. 21-55517

Plaintiffs-Appellants, D.C. No. 2:17-cv-06686-RGK-JC and

JOSE RIERA; et al., MEMORANDUM*

Plaintiffs,

v.

SOMATICS, LLC,

Defendant-Appellee,

and

MECTA CORPORATION,

Defendant.

Appeal from the United States District Court for the Central District of California R. Gary Klausner, District Judge, Presiding

Argued and Submitted March 7, 2022 Pasadena, California

Before: IKUTA, LEE, and FORREST, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Appellants Michelle Himes, Marcia Benjamin, and Daniel Benjamin appeal

the district court’s order granting summary judgment for appellee, Somatics, LLC.

We have jurisdiction under 8 U.S.C. § 1291. We affirm as to the Benjamins’ claims.

For Himes’s claims, we certify a question of law to the Supreme Court of California

in a separate order filed concurrently with this…