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McFARLAND v. GUARDSMARK, LLC

No. 08-16953.

588 F.3d 1236 (2009)

Johnny McFARLAND, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. GUARDSMARK, LLC, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 9, 2009.

Attorney(s) appearing for the Case

Daniel H. Qualls, Robin G. Workman, Qualls & Workman, San Francisco, CA, for the plaintiff-appellant.

Martin D. Bern, Malcolm A. Heinicke, Munger, Tolles & Olson LLP, San Francisco, CA; Fred A. Rowley, Jr., Munger, Tolles & Olson LLP, Los Angeles, CA, for the defendant-appellee.

Before: PROCTER HUG, JR., PAMELA ANN RYMER and M. MARGARET McKEOWN, Circuit Judges.

ORDER

PER CURIAM.

Johnny McFarland ("McFarland") appeals from the district court's decision denying his motion for partial summary judgment and granting partial summary judgment to Guardsmark, LLC in this dispute arising under Cal. Labor Code § 512. McFarland v. Guardsmark, LLC, 538 F.Supp.2d 1209(N.D.Cal.2008). The district court dismissed the remaining claims upon stipulation of the parties. We affirm...

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