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HAEGER v. GOODYEAR TIRE & RUBBER CO.

Nos. 12-17718, 13-16801.

869 F.3d 707 (2017)

Leroy HAEGER; Donna Haeger, husband and wife; Barry Haeger; Suzanne Haeger, husband and wife, Plaintiffs-Appellees v. GOODYEAR TIRE & RUBBER COMPANY, an Ohio corporation, Defendant-Appellant and Spartan Motors, Inc., a Michigan corporation; Gulfstream Coach, Inc., an Indiana corporation, Defendants v. Roetzel & Andress, LPA; Basil J. Musnuff, Movants Leroy Haeger; Donna Haeger, husband and wife; Barry Haeger; Suzanne Haeger, husband and wife, Plaintiffs-Appellees, v. Goodyear Tire & Rubber Company, an Ohio corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 2017.

Attorney(s) appearing for the Case

Pierre H. Bergeron , Squire Sanders LLP, Cincinnati, Ohio; George Brandon , Squire Sanders LLP, Phoenix, Arizona; Jill G. Okun , Squire Sanders LLP, Cleveland, Ohio, for Defendant-Appellant/Defendant The Goodyear Tire & Rubber Company.

Mark I. Harrison , Jeffrey B. Molinar , Osborn Maledon, PA, Phoenix, Arizona, for Movant/Movant-Appellant Basil J. Musnuff.

Andrew M. Jacobs , Katherine V. Foss , Snell & Wilmer LLP, Tucson, Arizona; James R. Condo , Lisa M. Coulter , Snell & Wilmer LLP, Phoenix, Arizona, for Movant-Appellant Graeme Hancock.

John J. Egbert , Jennings Strouss & Salmon, PLC, Phoenix, Arizona; David L. Kurtz , The Kurtz Law Firm, Scottsdale, Arizona, for Plaintiffs-Appellees.

Dissent by Judge Milan D. Smith, Jr.

ORDER

Defendant-Appellant Goodyear Tire & Rubber Company's unopposed motion for supplemental briefing is DENIED.

Pursuant to the opinion of the Supreme Court in Goodyear Tire & Rubber Co. v. Haeger, ___ U.S. ___, 137 S.Ct. 1178, 197 L.Ed.2d 585 (2017), the district court's $2.7 million sanctions award is VACATED, and, by vote of a majority of the panel judges, the matter is REMANDED to the district court for...

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