Rivera v. National Railroad Passenger Corp.

Full title: John RIVERA, Plaintiff-Appellant, v. NATIONAL RAILROAD PASSENGER…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jun 10, 2003

340 F.3d 767 (9th Cir. 2003)

Opinion

No. 01-16232.

Argued and Submitted October 9, 2002.

Filed June 10, 2003. Amended August 14, 2003.

Stuart B. Esner (briefed) and Andrew N. Chang (argued), Esner Chang, Los Angeles, California, for the plaintiff-appellant.

Kathy M. Banke, Crosby, Heafey, Roach May, Oakland, California, for the defendants-appellees.

Appeal from the United States District Court for the Northern District of California; Susan Yvonne Illston, District Judge, Presiding. D.C. No. CV-99-04003-SI.

Before: BALDOCK,^_ KLEINFELD and RAWLINSON, Circuit Judges.

_ The Honorable Bobby R. Baldock, Senior United States Circuit Judge for the Tenth Circuit Court of Appeals, sitting by designation.

ORDER

Appellees' Request for Modification of Opinion filed on June 18, 2003, is GRANTED.

The Opinion filed on June 10, 2003, is amended as follows:

At page 7885, first full paragraph, line 9, delete the following sentence: "Of course, upon remand the district court may decline to exercise supplemental jurisdiction over the remaining state law defamation claim. See Big Bear Lodging Ass'n v. Snow Summit, Inc., 182 F.3d 1096, 1106 n. 9 (9th Cir. 1999)."