Justin Donahue v. Union Pacific Railroad Company

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 14 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JUSTIN DONAHUE, et al., No. 22-16847

Plaintiffs-Appellants, D.C. No. 3:21-cv-00448-MMC

v.

MEMORANDUM*

UNION PACIFIC RAILROAD COMPANY,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Maxine M. Chesney, District Judge, Presiding

Argued and Submitted February 14, 2024 San Francisco, California

Before: S.R. THOMAS, HAMILTON,** and CHRISTEN, Circuit Judges.

This appeal is controlled by our opinion issued today in DeFries v. Union

Pacific Railroad Co., __F.4th __, No. 23-35119 (9th Cir. June 14, 2024). Like

plaintiff DeFries, plaintiffs-appellants Justin Donahue, Jason Campbell, and Jacob

Goss worked as railroad conductors or locomotive engineers for defendant-appellee

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable David F. Hamilton, United States Circuit Judge for the U.S. Court of Appeals for the Seventh…