FILED NOT FOR PUBLICATION APR 04 2012

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KANTI GALA, an individual; et al., No. 11-15111

Plaintiffs-counter-defendants D.C. No. 2:10-cv-00079-RLH-RJJ - Appellants,

v. MEMORANDUM*

WILLIAM B. BRITT, an individual; et al.,

Defendants-counter-claimants - Appellees.

Appeal from the United States District Court for the District of Nevada Roger L. Hunt, Senior District Judge, Presiding

Argued and Submitted March 16, 2012 San Francisco, California

Before: WALLACE and BEA, Circuit Judges, and BENNETT, District Judge.**

The district court’s judgment is VACATED. The case is REMANDED to

the district court to consider whether subject matter jurisdiction exists in this

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Mark W. Bennett, District Judge for the U.S. District Court for Northern Iowa, sitting by designation. matter. 28 U.S.C. § 1332; Johnson v. Columbia Prop. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006).