FILED NOT FOR PUBLICATION JUL 15 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES GIBSON; LAURIE GIBSON, No. 12-35981 husband and wife, D.C. No. 3:11-cv-01132-SI Plaintiffs - Appellants, v. MEMORANDUM* OWYHEE PRODUCE, LLC, an Oregon limited liability company, Defendant - Appellee.

Appeal from the United States District Court for the District of Oregon Michael H. Simon, District Judge, Presiding Argued and Submitted July 8, 2014 Portland, Oregon Before: PREGERSON, PAEZ, and WATFORD, Circuit Judges.

We VACATE the district court’s grant of partial summary judgment, and REMAND for further consideration in light of the Oregon Court of Appeals’s intervening decision in Spain v. Jones, 308 P.3d 257 (Or. Ct. App. 2013).

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

The parties shall bear their own costs on appeal.

VACATED and REMANDED.