Molski, et al v. Evergreen Dynasty, et al

Filing 920080421


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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JAREK MOLSKI; DISABILITY RIGHTS ENFORCEMENT EDUCATION SERVICES: HELPING YOU HELP OTHERS, a California public benefit corporation, Plaintiffs-Appellants, v. EVERGREEN DYNASTY CORP., d/b/a MANDARIN TOUCH RESTAURANT; BRIAN MCINERNEY; KATHY S. MCINERNEY, as joint tenants, Defendants-Appellees. No. 05-56452 D.C. No. CV-04-00450-ER Central District of California, Los Angeles ORDER 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 decision." 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.

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