ALI RAZAK; KENAN SABANI; KHALDOUN CHERDOUD, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, Appellants v. UBER TECHNOLOGIES, INC.; GEGEN, LLC
No. 18-1944
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
November 5, 2020
Before: SMITH, Chief Judge, GREENAWAY, JR., and PORTER, Circuit Judges.
Argued January 15, 2019. On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil No. 2-16-cv-00573). District Judge: Hon. Michael M. Baylson.
ORDER AMENDING PRECEDENTIAL OPINION
The panel hereby ORDERS that the Opinion filed March 3, 2020 be amended to include the language appearing in angle brackets below.
The sentence at page 16 reading, “But, if a court finds that there are any issues of fact that remain in dispute, it must resolve those disputes prior to granting summary judgment” shall be amended to read: “But,
The sentence at page 17 reading, ”DialAmerica teaches that where there are questions of fact that need resolution, these questions must go to a fact-finder” shall be amended to read: ”DialAmerica teaches that where there are <genuine> questions of <material> fact that need resolution, these questions must go to a fact-finder.”
Dated: November 5, 2020
Tmm/cc: All Counsel of Record
BY THE COURT,
s/ Joseph A. Greenaway, Jr.
Circuit Judge