NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT JUN 08 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS KEMAH HENDERSON, individually and No. 13-56095 on behalf of all others similarly situated; et al., D.C. No. 2:11-cv-03428-PSG-PLA

Plaintiffs - Appellants, MEMORANDUM* v.

J.P. MORGAN CHASE BANK, N.A.,

Defendant - Appellee.

Appeal from the United States District Court for the Central District of California Philip S. Gutierrez, 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. Defendant-Appellee’s Motion to File Under Seal Portions of its

Supplemental Excerpts of Record is granted.

REVERSED and REMANDED.

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