W.s.b. & Associates, Inc. v. Service Employees International Union, Local 1877

* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
W.S.B. & ASSOCIATES, INC.,
Petitioner - Appellant,
v.
SERVICE EMPLOYEES
INTERNATIONAL UNION, LOCAL
1877,
Respondent - Appellee.
No. 09-17252
D.C. No. 4:08-cv-05266-WDB
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Wayne D. Brazil, Magistrate Judge, Presiding
Submitted January 14, 2011 **
San Francisco, California
Before: WALLACE, NOONAN, and SILVERMAN, Circuit Judges.
W.S.B. & Associates, Inc. (“WSB”) raised its objection to the collective
bargaining agreement’s liquidated damages clause for the first time in its motion
FILED
JAN 19 2011
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

for summary judgment. Because WSB did not sufficiently present this ground for
vacating the arbitration award to the district court, its objection is waived on
appeal. See Navaho Nation v. U.S. Forest Serv., 535 F.3d 1058, 1079-80 (9th Cir.
2008) (en banc), cert. denied, 129 S. Ct. 2763 (2009); Fed. R. Civ. P. 8(a).
AFFIRMED.

-- 2 of 2 --