Milligan

MEMORANDUM *

Mary Milligan appeals (1) the district court’s denial of her motion to amend the Complaint she filed against her former employer, American Airlines, Inc. (“American”) to include claims under California’s Labor Code Private Attorneys General Act (“LCPAGA”), Cal. Labor Code § 2698 et seq., and (2) the district court’s subsequent decision to grant American summary judgment on Milligan’s original claims under California Labor Code Sections 226(e) (“Section 226(e)”) and (3) 226(g) (“Section 226(g)”). Because the Supreme Court of California is considering the scope of recovery available under Section 226(e), Brinkley v. Pub. Storage, Inc., 84 Cal. Rptr.3d 873 , 880 (2008) (a Section 226 plaintiff must show that she suffered an injury as an “essential element” of her claim), review granted and opinion superseded by — Cal.4th-, 87 Cal.Rptr.3d 674 , 198 P.3d 1087 (2009), we defer resolution of Milligan’s Section 226(e) claim pending a decision from the Supreme Court of California. We also defer resolution of Milligan’s LCPAGA claim under Section 226 pending Brinkley . The parties are directed to (1) inform this court in writing within 14 days of the Supreme Court of…