Jesus Sarmiento v. Sealy, Inc.

FILED

NOT FOR PUBLICATION

SEP 2 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JESUS SARMIENTO, et al, No. 21-16562

Plaintiffs-Appellants, D.C. No. 4:18-cv-01990-JST

v.

MEMORANDUM*

SEALY, INC., et al,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Jon S. Tigar, District Judge, Presiding

Submitted August 29, 2022** San Francisco, California

Before: W. FLETCHER, BYBEE, and VANDYKE, Circuit Judges.

Individual plaintiffs Jesus Sarmiento and Juan Chavez appeal from the

district court’s denial of class certification and grant of summary judgment to

Defendants Sealy, Inc., and Sealy Mattress Manufacturing Company, LLC.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Plaintiffs contend that Defendants’ employee payment practices during the course

of Plaintiffs’ employment violated the applicable…