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BUSKER v. WABTEC CORP.

No. 17-55165.

903 F.3d 881 (2018)

John BUSKER, on behalf of himself and all others similarly situated and the general public, Plaintiff-Appellant, v. WABTEC CORPORATION, a Pennsylvania corporation; Mark Martin, an individual; DOES, 1 through 100, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2018.

Attorney(s) appearing for the Case

The names and addresses of counsel are: For Plaintiff-Appellant: Richard E. Donahoo , Donahoo & Associates, Tustin, California; Thomas G. Foley, Jr. , Kevin D. Gamarni , Foley, Bezek, Behle & Curtis, LLP, Santa Barbara, California; Tiffany J. Gates , Law Offices of Tiffany J. Gates, Santa Rosa, California; Stuart B. Esner ,

Holly N. Boyer , Shea S. Murphy , Esner, Chang & Boyer, Pasadena, California.

For Defendants-Appellees: Patrick Madden , Todd L. Nunn , K&I, Gates LLP, Seattle, Washington.

Before: Richard R. Clifton and Consuelo M. Callahan, Circuit Judges, and Kenneth M. Hoyt, District Judge.

ORDER

We respectfully ask the Supreme Court of California to exercise its discretion to decide the certified question set forth in Part II of this Order, below. See Cal. R. Ct. 8.548. The answer to this question of California law will be dispositive of the appeal before us, and no clear controlling California precedent exists. Id. Moreover, because the question that we certify is of great importance to many employees in California, considerations of...

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