ABC SAND & ROCK CO V. COUNTY OF MARICOPA, No. 13-17542 (9th Cir. 2015)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 17 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ABC SAND AND ROCK COMPANY INCORPORATED, No. 13-17542 D.C. No. 2:13-cv-00058-NVW Plaintiff - Appellant, MEMORANDUM* v. COUNTY OF MARICOPA; MARICOPA COUNTY FLOOD CONTROL DISTRICT; TIMOTHY PHILLIPS; JANE DOE PHILLIPS; JACK GUZMAN; JANE DOE GUZMAN; MIKE JONES; JANE DOE JONES; ED RALEIGH; JANE DOE RALEIGH; DEWAYNE JUSTICE; JANE DOE JUSTICE; MELVIN MARTIN; JANE DOE MARTIN; HEMANT PATEL; JANE DOE PATEL; SCOTT WARD; JANE DOE WARD; WYLIE BEARUP; JANE DOE BEARUP; UNKNOWN PARTIES, John Doe County Employees I-X, Jane Doe County Employees I-X, John Does I-X, and Jane Does I-X, Defendants - Appellees. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. page 2 Appeal from the United States District Court for the District of Arizona Neil V. Wake, District Judge, Presiding Argued and Submitted December 9, 2015 San Francisco, California Before: KOZINSKI, BYBEE and CHRISTEN, Circuit Judges. The motions to take judicial notice are GRANTED. AFFIRMED with regard to the federal claims for the reasons stated by the district court. The state law claims are REMANDED to the district court with instructions to remand to the state court for further proceedings.
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