Fowler Packing Company, Inc. v. David Lanier ( 2016 )

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FILED
DEC 09 2016
FOR THE NINTH CIRCUIT
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOWLER PACKING COMPANY, INC.; No. 16-16236
GERAWAN FARMING, INC.,
D.C. No.
Plaintiffs-Appellants, 1:16-cv-00106-DAD-SAB
Eastern District of California,
v. Fresno
DAVID M. LANIER, in his official
capacity as Secretary of the California ORDER
Labor and Workforce Development
Agency; CHRISTINE BAKER, in her
official capacity as the Director of the
Department of Industrial Relations; JULIE
A. SU, in her official capacity as
California Labor Commissioner,
Defendants-Appellees.
Before: GOULD, CLIFTON, and WATFORD, Circuit Judges.
Plaintiffs in the case appeal a district court’s order dismissing claims that a
California law violates the Bill of Attainder Clause, U.S. Const. art. I, § 10, cl. 1
(the “bill of attainder claim”), and the Equal Protection Clause, U.S. Const. amend.
XIV, § 1 (the “equal protection claim”). We conclude that the district court
correctly dismissed the bill of attainder claim, but erroneously dismissed the equal
protection claim. We therefore AFFIRM in part and REVERSE in part, and
REMAND the case to the district court for further proceedings with respect to the
equal protection claim only. A written opinion giving the court’s reasoning will
follow in due course.
The time for filing any petition for rehearing or petition for rehearing en
banc shall be extended and shall not begin to run until the court has filed its written
opinion giving its reasoning.
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