FILED NOT FOR PUBLICATION JUN 08 2016 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

NYKEYA KILBY, individually and on No. 12-56130 behalf of all others similarly situated, D.C. No. 3:09-cv-02051-MMA- Plaintiff - Appellant, KSC

v. MEMORANDUM* CVS PHARMACY, INC.,

Defendant - Appellee.

Appeal from the United States District Court for the Southern District of California Michael M. Anello, District Judge, Presiding

Argued December 2, 2013 Submitted June 8, 2016 San Francisco, California

Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.

We reverse and remand to the district court to reconsider in light of the

California Supreme Court’s opinion in Kilby v. CVS Pharmacy, Inc., 368 P.3d 554

(Cal. 2016).

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. All pending motions for judicial notice are denied as moot.

REVERSED and REMANDED.

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