Kourosh Kenneth Hamidi; v. SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1000 and BETTY T. YEE

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KOUROSH KENNETH HAMIDI; et al.,
Plaintiffs-Appellants,
v.
SERVICE EMPLOYEES
INTERNATIONAL UNION, LOCAL 1000
and BETTY T. YEE,
Defendants-Appellees.
No. 17-15434
D.C. No.
2:14-cv-00319-WBS-KJN
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
William B. Shubb, District Judge, Presiding
Argued and Submitted December 18, 2018
San Francisco, California
Before: GILMAN,** PAEZ, and OWENS, Circuit Judges.
Kourosh Hamidi (“Hamidi”) appeals the district court’s order granting
summary judgment in favor of appellee Service Employees International Union,
Local 1000 (“SEIU Local 1000”). After the parties had filed their briefs on appeal,
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The Honorable Ronald Lee Gilman, United States Circuit Judge for
the U.S. Court of Appeals for the Sixth Circuit, sitting by designation.
FILED
JAN 3 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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the Supreme Court issued its decision in Janus v. American Federation of State,
County, and Municipal Employees. 138 S. Ct. 2448 (2018). Although Janus did
not directly address the question presented in this case, both parties agree that
Janus impacts this case. Recognizing the significance of Janus, SEIU Local 1000
directed the state to stop deducting any fees from the paychecks of non-union
employees. Given these developments, we vacate the district court’s judgment and
remand for further proceedings in light of Janus. On remand, the district court
may determine in the first instance whether any of Hamidi’s claims are moot.
VACATED AND REMANDED.

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