Tobias Chavez, et al v. Dole Food Company Inc, et al

Filing

ORDER (Coram: MCKEE, Chief Judge, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, HARDIMAN, GREENAWAY, JR., VANASKIE, SHWARTZ, KRAUSE and NYGAARD*, Circuit Judges) granting the Petition for En Banc and Panel Rehearing. The Clerk of this Court shall list the case for rehearing en banc at the convenience of the Court. The opinion and judgment entered on 08/11/2015 are vacated. Authoring Judge: MCKEE, Chief Judge. *As to panel rehearing only; will participate as a member of the en banc court pursuant to 3d. Cir I.O.P. 9.6.4.

Case: 13-4144

Document: 003112081997

Page: 1

Date Filed: 09/22/2015

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
________
No. 13-4144
__________
TOBIAS BERMUDEZ CHAVEZ, et al.,
v.
DOLE FOOD COMPANY, INC., et al.
(D. Del. No. 1-12-cv-00697)
____
JULIO ABREGO ABREGO, et al.,
v.
DOLE FOOD COMPANY, INC., et al.
(D. Del. No. 1-12-cv-00698)
_____
ALVARADO ALFARO MIGUEL FRANCISCO, et al.,
v.
DOLE FOOD COMPANY, INC., et al.
(D. Del. No. 1-12-cv-00699)
_____
JORGE LUIS AGUILAR MORA, et al.,
v.
DOLE FOOD COMPANY, INC., et al.
(D. Del. No. 1-12-cv-00700)
_____
EDWIN AGUERO JIMENEZ, et al.,
v.
DOLE FOOD COMPANY, INC., et al.
(D. Del. No. 1-12-cv-00701)
_____
GONZALEZ ARAYA FRANKLIN, et al.,
v.
DOLE FOOD COMPANY, INC., et al.
(D. Del. No. 1-12-cv-00702)

Case: 13-4144

Document: 003112081997

Page: 2

Date Filed: 09/22/2015

TOBIAS BERMUDEZ CHAVEZ, et al.,
Appellants
__________
On Appeal from the United States District Court
for the District of Delaware
(D.C. Nos. 1-12-cv-00697, 1-12-cv-00698, 1-12-cv-00699,
1-12-cv-00700, 1-12-cv-00701, and 1-12-cv-00702)
District Judge: Honorable Richard G. Andrews

PRESENT: McKEE, Chief Judge, AMBRO, FUENTES, SMITH, FISHER,
CHAGARES, HARDIMAN, GREENAWAY, JR., VANASKIE,
SHWARTZ, KRAUSE, and NYGAARD1, Circuit Judges
ORDER
A majority of the active judges having voted for rehearing en banc in the above
captioned case, it is ordered that the petition for rehearing is GRANTED. The Clerk of
this Court shall list the case for rehearing en banc at the convenience of the Court. The
opinion and judgment entered on August 11, 2015 are hereby vacated.
By the Court,
s/ Theodore A. McKee
Chief Circuit Judge
Dated: September 22, 2015
JK/cc: All Counsel of Record

1 As to panel rehearing only; will participate as a member of the en banc court pursuant
to 3d. Cir. I.O.P. 9.6.4.