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BAUMANN v. CHASE INV. SERVICES CORP.

No. 12-55644.

747 F.3d 1117 (2014)

Joseph BAUMANN, individually, and on behalf of other members of the general public similarly situated, Plaintiff-Appellant, v. CHASE INVESTMENT SERVICES CORP., a Delaware corporation; JPMorgan Chase Bank NA; JPMorgan Chase & Co., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 13, 2014.

Submission Vacated August 13, 2013.

Resubmitted March 6, 2014.

Attorney(s) appearing for the Case

Glenn A. Danas (argued), and Ryan H. Wu , Capstone Law APC, Los Angeles, CA, Marc Primo , Initiative Legal Group APC, Los Angeles, CA, for Plaintiff-Appellant.

Carrie A. Gonell (argued) and John A. Hayashi , Morgan, Lewis & Bockius LLP, Irvine, CA; Samuel S. Shaulson , New York, NY; and Alison B. Willard , San Francisco, CA, for Defendants-Appellees.

Allen Graves (argued) and Elizabeth Sullivan , The Graves Firm, Pasadena, CA, for Amicus Curiae Stacy Thompson.

George W. Abele and Melinda A. Gordon , Paul Hastings LLP, Los Angeles, CA; Robin S. Conrad , Kate Comerford Todd , and Shane B. Kawka , National Chamber Litigation Center, Washington, D.C., for Amicus Curiae California Employment Law Council and Chamber of Commerce of the United States of America.

Before: MICHAEL DALY HAWKINS, SIDNEY R. THOMAS, and ANDREW D. HURWITZ, Circuit Judges.

OPINION

HURWITZ, Circuit Judge:

This is a civil action filed in California state court under the California Labor Code Private Attorneys General Act of 2004 ("PAGA"), Cal. Lab.Code §§ 2698-2699.5, and then removed to the United States District Court for the Central District of California. PAGA authorizes aggrieved employees, acting as private attorneys general, to recover civil penalties from their employers for violations of the Labor Code.

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