
    Scott SCHUTZA, Plaintiff-Appellant, v. FRN OF SAN DIEGO, LLC, a Delaware Limited Liability Company, Defendant-Appellee.
    No. 15-55704
    United States Court of Appeals, Ninth Circuit.
    Submitted February 6, 2017 Pasadena, California
    Filed July 10, 2017
    Russell Clive Handy, Esquire, Mark D. Potter, Esquire, Potter Handy LLP, San Diego, CA, for Plaintiff-Appellant
    Jane A. Rheinheimer, Esquire, Rhein-heimer Smigliani, APC, San Diego, CA, for Defendant-Appellee
    Christopher Chen-Hsin Wang, Attorney, DOJ—U.S. Department of Justice, Civil Rights Division/Appellate Section, Washington, D.C, for Amicus Curiae United States of America
    Before: GRABER, BYBEE, and CHRISTEN, Circuit Judges.
    
      
       The panel unanimously concludes that this case is suitable for decision without oral argument. Fed. R. App. P. 34(a)(2).
    
   MEMORANDUM

We vacate the district court’s dismissal of this action, and we remand for reconsideration in light of Karczewski v. DCH Mission Valley, LLC, No. 15-55633.

VACATED and REMANDED. Costs on appeal awarded to Plaintiff.

BYBEE, Circuit Judge,

acquiescing dubitante:

I acquiesce dubitante for the reasons articulated in my separate opinion in Karczewski v. DCH Mission Valley, LLC, No. 15-55633. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
     