Diaz v. Brewer

Ninth Circuit

Diaz v. Brewer

676 F.3d 823, 2012 U.S. App. LEXIS 6623, 114 Fair Empl. Prac. Cas. (BNA) 1095, 2012 WL 1109335

Court of Appeals for the Ninth Circuit·Decided April 3, 2012·No. 10-16797·Published·Cited by 3 cases

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Order; Dissent by Judge O’SCANNLAIN.

ORDER

The panel has voted to deny defendants-appellants’ petition for panel rehearing. Judge Thomas has voted to deny the petition for rehearing en banc, and Judges Schroeder and Bennett have so recommended.

[824] The full court was advised of defendants-appellants’ petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35.

Defendants-appellants’ petition for panel rehearing and petition for rehearing en banc are denied.

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Order; Dissent by Judge O’SCANNLAIN.

ORDER

The panel has voted to deny defendants-appellants’ petition for panel rehearing. Judge Thomas has voted to deny the petition for rehearing en banc, and Judges Schroeder and Bennett have so recommended.

[824] The full court was advised of defendants-appellants’ petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35.

Defendants-appellants’ petition for panel rehearing and petition for rehearing en banc are denied.

Diaz v. Brewer, 676 F.3d 823, 2012 U.S. App. LEXIS 6623, 114 Fair Empl. Prac. Cas. (BNA) 1095, 2012 WL 1109335 (9th Cir. 2012).

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