CANELA v. COSTCO WHOLESALE CORP.

No. 18-16592.

971 F.3d 845 (2020)

Liliana CANELA, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. COSTCO WHOLESALE CORPORATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 9, 2020.

Amended August 21, 2020.


Attorney(s) appearing for the Case

Kiran Aftab Seldon (argued), David D. Kadue , James M. Harris , and Emily Schroeder , Seyfarth Shaw LLP, Los Angeles, California; William J. Dritsas , Seyfarth Shaw LLP, San Francisco, California; for Defendant-Appellant.

Michael Rubin (argued) and Andrew Kushner , Altshuler Berzon LLP, San Francisco, California; Kevin J. McInerney , Reno, Nevada; for Plaintiff-Appellee.

Richard J. Simmons , Sheppard Mullin Richter & Hampton LLP, Los Angeles, California; Paul S. Cowie and John D. Ellis , Sheppard Mullin Richter & Hampton LLP, San Francisco, California; for Amici Curiae Employers Group and California Employment Law Council.

Before: J. Clifford Wallace and Michelle T. Friedland, Circuit Judges, and Timothy Hillman, District Judge.


ORDER

The opinion in Canela v. Costco Wholesale Corporation, 965 F.3d 694 (9th Cir. 2020), is amended as follows:

Page 697, final sentence: Replace <Removal is to be "strictly construed," and a "defendant seeking removal has the burden to establish that removal is proper," with "any doubt ... resolved against removability." Luther v. Countrywide Home Loans Servicing LP, 533 F.3d 1031

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