John Busker v. Wabtec Corp.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 12 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN BUSKER, on behalf of himself and all No. 17-55165 others similarly situated and the general public, D.C. No. 2:15-cv-08194-ODW-AFM Plaintiff-Appellant,

v.

WABTEC CORPORATION, a Pennsylvania ORDER corporation; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Otis D. Wright II, District Judge, Presiding

Argued and Submitted August 8, 2018 Submission Withdrawn September 6, 2018 Resubmitted April 12, 2022 Pasadena, California

Before: CLIFTON and CALLAHAN, Circuit Judges, and HOYT,* District Judge.

John Busker sued Wabtec alleging, inter alia, that it had failed to pay wages

as required by the California Prevailing Wage Law. Busker appealed to us from

the district court’s grant of summary judgment in favor of Wabtec. We determined

* The Honorable Kenneth M. Hoyt, United States District Judge for the Southern District of Texas, sitting by designation. that Busker’s claim under the…