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Jerry BEEMAN and Pharmacy Services, Inc., doing business as Beemans Pharmacy; et al., Plaintiffs-Appellees, v. ANTHEM PRESCRIPTION MANAGEMENT, LLC; et al., Defendants-Appellants; Jerry Beeman and Pharmacy Services, Inc., doing business as Beemans Pharmacy; et al., Plaintiffs-Appellees, v. TDI Managed Care Services, Inc., doing business as Eckerd Health Services; et al., Defendants-Appellants

United States Court of Appeals for the Ninth Circuit2014-03-19No. Nos. 07-56692, 07-56693
564 F. App'x 332

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Opinion

majority opinion

MEMORANDUM

Appellees’ motion to lift the stay of district court proceedings pending disposition of these consolidated interlocutory appeals is GRANTED. Under 28 U.S.C. § 1292(b), the district court certified for interlocutory appeal its denials of Appellants’ motions for judgment on the pleadings. Because the California Supreme Court’s opinion in Beeman v. Anthem Prescription Management, LLC, 58 Cal.4th 329, 165 Cal.Rptr.3d 800, 315 P.3d 71 (2013), resolved the Erie issue that animated the district court’s § 1292(b) orders, these appeals are now remanded to the district court for such further proceedings as remain following the district court’s denial of Appellants’ motions for judgment on the pleadings. The remaining motions are moot. Each party shall bear its own costs on appeal.

IT IS SO ORDERED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.