Vizcaino
Vizcaino v. United States District Court for the Western District of Washington
Opinion
Lead Opinion
Schwarzer, J.
ORDER
The Court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and rec *716 ord and the decisional process would not be significantly aided by oral argument.
Therefore, this matter is ordered submitted on the briefs and record without oral argument on Wednesday, May 12, 1999, in San Francisco. Fed.R.App.P. 34(a); 9th Cir.R. 34-4(a)(2).
OPINION
In our prior opinions in this litigation, we held that, as common law employees, the members of a class certified by the district court were entitled to participate in Microsoft’s tax-qualified Employee Stock Purchase Plan (“ESPP”) even though they had been told when hired that they were ineligible for such benefits and had signed contracts disclaiming them. See Vizcaino v. Microsoft Corp., 97 F.3d 1187 (9th Cir.1996) (“Vizcaino I”), aff'd, 120 F.3d 1006 (9th Cir.1997) (en banc) (“Vizcaino IF), The certified class had been defined by the district court to include “[a]ll persons employed by Microsoft Corporation ... who are denied employee benefits because they are considered independent contractors or employees of third-party employment agencies, but who meet the definition of…