Molski v. Evergreen Dynasty

Opinion

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

JAREK MOLSKI; DISABILITY RIGHTS  ENFORCEMENT EDUCATION SERVICES: HELPING YOU HELP OTHERS, a No. 05-56452 California public benefit corporation, D.C. No. Plaintiffs-Appellants, CV-04-00450-ER v.  Central District of California, EVERGREEN DYNASTY CORP., d/b/a Los Angeles MANDARIN TOUCH RESTAURANT; ORDER BRIAN MCINERNEY; KATHY S. MCINERNEY, as joint tenants, Defendants-Appellees.  Filed April 22, 2008

Before: Jerome Farris and Ronald M. Gould, Circuit Judges, and Kevin Thomas Duffy,* District Judge.

ORDER

The order denying the Petition for Rehearing En Banc in this case, filed on April 7, 2008, is amended as follows:

In the second paragraph, the first full sentence is deleted and is replaced with the following text: “The full court has been advised of Plaintiff/Appellant’s Petition for Rehearing En Banc, and a judge of this court requested a vote on whether this case should be reheard en banc; however, a

*The Honorable Kevin Thomas Duffy, Senior United States District Judge for the Southern District of New York, sitting by designation.

4217 4218 MOLSKI v. EVERGREEN DYNASTY CORP. majority of the non-recused active judges of the court did not vote in favor of en banc consideration.”

A sentence is added at the end of the order stating: “Judges Graber and Fisher were recused from considering the en banc issues in this case and did not participate in the court’s deci- sion.” PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2008 Thomson/West.