Silken Brown v. Cinemark USA, Inc., et al
| SILKEN BROWN and MARIO DE LA ROSA, individually and on behalf of other members of the general public similarly situated and as aggrieved employers pursuant to the Private Attorneys General Act ("PAGA") |
| CINEMARK USA, INC. |
| 16-15377 |
| March 8, 2016 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Labor Litigation |
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Filing
9029586340
Filed Order for PUBLICATION (SIDNEY R. THOMAS, STEPHEN REINHARDT and KATHLEEN M. O'MALLEY) Defendants have moved to dismiss this case for lack of appellate jurisdiction under 28 U.S.C. 1291, in light of the Supreme Court decision in Microsoft Corp. v. Baker, 582 U.S. __, 137 S. Ct. 1702 (2017), because Plaintiffs voluntarily settled some of their claims. We deny the motion. (SEE ORDER FOR FULL TEXT) The settlement reached in this case does not implicate the concerns raised in Baker and constitutes a valid final judgment. Therefore, we have jurisdiction under 28 U.S.C. 1291 to consider the appeal on the merits. MOTION DENIED. [10681631]
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| Plaintiff - appellant,: SILKEN BROWN | |
| Represented By: | Glenn A. Danas |
| Represented By: | Melissa Grant |
| Represented By: | Katherine Ward Kehr |
| Represented By: | Jonathan Sing Lee |
| Represented By: | Liana Carter |
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| Plaintiff - appellant,: MARIO DE LA ROSA, individually and on behalf of other members of the general public similarly situated and as aggrieved employers pursuant to the Private Attorneys General Act ("PAGA") | |
| Represented By: | Glenn A. Danas |
| Represented By: | Melissa Grant |
| Represented By: | Katherine Ward Kehr |
| Represented By: | Jonathan Sing Lee |
| Represented By: | Liana Carter |
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| Defendant - appellee,: CINEMARK USA, INC. | |
| Represented By: | Matthew I. Bobb |
| Represented By: | Michael Brett Burns |
| Represented By: | Emily Burkhardt Vicente |
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