FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

PAUL SOMERS, No. 15-17352 Plaintiff-Appellee, D.C. No. v. 3:14-cv-05180- EMC DIGITAL REALTY TRUST INC., a Maryland corporation; ELLEN JACOBS, ORDER Defendants-Appellants.

On Remand from the United States Supreme Court Filed April 11, 2018 Before: Mary M. Schroeder, Kim McLane Wardlaw, and John B. Owens, Circuit Judges.

ORDER The judgment of the District Court is reversed and the case is remanded for proceedings consistent with the opinion of the United States Supreme Court in Digital Realty Tr., Inc. v. Somers, 138 S. Ct. 767 (2018).