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Andrew Shalaby v. Newell Rubbermaid, Inc.

Court of Appeals for the Ninth Circuit · 09-56331 · 2010-05-19 · Unpublished

Proceeding
appeal
Trial court
United States District Court for the Southern District of California
Trial judge
Michael M. Anello (district judge)
Area
civil

Analysis

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Opinion

FILED NOT FOR PUBLICATION MAY 19 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

ANDREW W. SHALABY; SONIA No. 09-56331 DUNN-RUIZ, D.C. No. 3:07-cv-02107-MMA- Plaintiffs - Appellants, BLM v. ORDER NEWELL RUBBERMAID, INC.; THE HOME DEPOT, INC.; IRWIN INDUSTRIAL TOOL COMPANY, INC.; BERNZOMATIC, Defendants-cross-claimants - Appellees, and WESTERN INDUSTRIES, INC.; WORTHINGTON INDUSTRIES, Cross-defendants - Appellees, Appeal from the United States District Court for the Southern District of California Michael M. Anello, District Judge, Presiding Argued and Submitted April 7, 2010 Pasadena, California Before: FRIEDMAN,* D.W. NELSON, and REINHARDT, Circuit Judges.

This memorandum disposition, filed on May 17, 2010, is amended as follows:

(1) The citation found on page 3, lines 8–9, should instead read as follows:

Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 589, 592–93 (1993).

(2) The citation found on page 5, line 3, should instead read as follows:

Stephen, 134 Cal. App. 4th at 1373.

* The Honorable Daniel M. Friedman, United States Circuit Judge for the Federal Circuit, sitting by designation.