Whiteway

MEMORANDUM **

Whiteway and similarly situated plaintiffs (“Center Managers”) appeal a district court order granting summary judgment to Defendant-Appellee FedEx Kinko’s Office and Print Services, Inc. (“FedEx Kin-ko’s”). We have jurisdiction under 28 U.S.C. § 1291 and reverse. Because the parties are familiar with the factual and procedural history of the case, we will not recount it here.

We review de novo the district court’s grant of summary judgment. McDonald v. Sun Oil Co., 548 F.3d 774, 778 (9th Cir.2008). To succeed on a motion for summary judgment, the movant must first demonstrate “that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). If the mov-ant meets this initial burden, the nonmov-ant must then demonstrate summary judgment is not appropriate. Celotex Corp. v. Catrett, 477 U.S. 317, 324 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986). To make such a showing, the nonmovant must go beyond the pleadings to designate specific facts showing a genuine issue for trial. Id. An issue is genuine “if the evidence is such that a reasonable jury could return a verdict for the non-moving party.”…