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KENNY v. WAL-MART STORES, INC.

No. 17-56809.

881 F.3d 786 (2018)

Kris KENNY, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. WAL-MART STORES, INC., a Delaware Corporation; Wal-Mart Associates, Inc., a Delaware Corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 1, 2018.

Attorney(s) appearing for the Case

Mark D. Kemple (argued) and Ashley Farrell-Pickett , Greenberg Traurig LLP, Los Angeles, California, for Defendants-Appellants.

David M. deRubertis (argued) and Jeff D. Neiderman , The deRubertis Law Firm APC, Studio City, California; Ellen R. Serbin , Todd H. Harrison , and Brennan S. Kahn , Perona Langer Beck Serbin Mendoza & Harrison APC, Long Beach, California; for Plaintiff-Appellee.

Before: MILAN D. SMITH, JR. and MICHELLE T. FRIEDLAND, Circuit Judges, and JED S. RAKOFF, District Judge.

OPINION

Defendants Wal-Mart Stores, Inc. and Wal-Mart Associates, Inc. (collectively, Wal-Mart) appeal from the district court's order remanding Plaintiff Kris Kenny's (Kenny) putative class action to California state court. In a four-sentence minute order, the district court remanded the case sua sponte,

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