DOE V KAMEHAMEHA SCHOOLS

Filing 920060222

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
JOHN DOE, a minor, by his mother and next friend, Jane Doe nfr Jane Doe, Plaintiff-Appellant, and JOSEPHINE HELELANI PAUAHI RABAGO, Intervenor, v. KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE; CONSTANCE LAU, in her capacity as Trustee of the Kamehameha Schools/Bernice Pauahi Bishop Estate; NAINOA THOMPSON, in his capacity as Trustee of the Kamehameha Schools/Bernice Pauahi Bishop Estate; DIANE J. PLOTTS, in her capacity as Trustee of the Kamehameha Schools/Bernice Pauahi Bishop Estate; ROBERT K.U. KIHUNE, in his capacity as Trustee of the Kamehameha Schools/Bernice Pauahi Bishop Estate; J. DOUGLAS ING, in his capacity as Trustee of the Kamehameha Schools/Bernice Pauahi Bishop Estate, Defendants-Appellees.

No. 04-15044 D.C. No. CV-03-00316-ACK ORDER

2029

2030

DOE v. KAMEHAMEHA SCHOOLS

Filed February 22, 2006 Before: Mary M. Schroeder, Chief Judge.

ORDER Upon the vote of a majority of nonrecused regular active judges of this court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The threejudge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.

1

Judge Clifton is recused.

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