United States v. 2008-12-16 | 07-74458 | Carideo V. United States District Court for the Western…

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 In re: KRISTIN CARIDEO; CATHERINE
CANDLER,
KRISTIN CARIDEO; CATHERINE
CANDLER, No. 07-74458
Petitioners, D.C. No.
 v. CV-06-01772-JLR
UNITED STATES DISTRICT ORDER
COURT FOR THE WESTERN
DISTRICT OF WASHINGTON,
Respondent,
DELL, INC.,
Real Party in Interest. 
Appeal from the United States District Court
for the Western District of Washington
James L. Robart, District Judge, Presiding
Submitted December 9, 2008*
Seattle, Washington
Filed December 16, 2008
Before: Ronald M. Gould, Richard C. Tallman, and
Consuelo M. Callahan, Circuit Judges.
*The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
16433

-- 1 of 4 --

COUNSEL
Beth E. Terrell, Terrell Marshall & Daudt PLLC, Seattle,
Washington, for petitioners Kristin Carideo and Catherine
Candler.
Paul Schlaud, Reeves & Brightwell LLP, Austin, Texas, for
real party in interest Dell Inc.
ORDER
The petition for writ of mandamus is DENIED without
prejudice. In light of the intervening authority of McKee v. AT
& T Corp., 191 P.3d 845 (Wash. 2008), this case is remanded
to the district court to reconsider its order denying Petitioners’
Rule 60(b) motion for relief from its order compelling arbitra-
tion.
PETITION DENIED. REMANDED FOR RECONSID-
ERATION.
16434 IN RE CARIDEO

-- 2 of 4 --

-- 3 of 4 --

PRINTED FOR
ADMINISTRATIVE OFFICE—U.S. COURTS
BY THOMSON REUTERS/WEST—SAN FRANCISCO
The summary, which does not constitute a part of the opinion of the court, is copyrighted
© 2008 Thomson Reuters/West.

-- 4 of 4 --