Bauman, et al v. DaimlerChrysler Corp, et al

Filing 920100506


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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT BARBARA BAUMAN; GREGORY GRECO; JOSEFINA NUNEZ; GABRIELE NUNEZ; MIRIAM NUNEZ; SILVIA NUNEZ; EMILIO GUILLERMO PESCE; MIRTA HAYDEN ARENAS; GRACIELA GIGENA; GUILLERMO ALBERTO GIGENA; NURIA GIGENA; AMELIA SCHIAFFO; ELBA LECHNER; ANUNCIACION SPALTRO DE BELMONT; HECTOR RATTO; EDUARDO OLASIREGUI; RICARDO MARTIN HOFFMAN; EDUARDO ESTIVILLE; ALFREDO MANUEL MARTIN; JUAN JOSE MARTIN; JOSE BARREIRO; ALEJANDRO DAER, Plaintiffs-Appellants, v. DAIMLERCHRYSLER CORPORATION and DAIMLERCHRYSLER AG, Defendants-Appellees. No. 07-15386 D.C. No. CV-04-00194-RMW Northern District of California, San Jose ORDER Filed May 6, 2010 Before: Mary M. Schroeder, Dorothy W. Nelson and Stephen Reinhardt, Circuit Judges. ORDER Appellants' Petition for Rehearing is GRANTED. The opinion filed on August 28, 2009 is vacated. This case shall be reheard by the 3-judge panel the week of June 21, 2010, 6873 6874 BAUMAN v. DAIMLERCHRYSLER in Pasadena, California. The date and time of oral argument will be set soon, and counsel should inform this court of any potential conflicts immediately. The parties are ordered to submit supplemental briefs addressing the following questions: 1. Is "control" an element of this court's agency test for personal jurisdiction? If so, how much control is required? If our precedent is unclear, how much control should be required? 2. If the panel concludes that an agency relationship exists, would an exercise of general jurisdiction over defendants be reasonable in this case? These supplemental briefs shall be no longer than ten pages or 2800 words, and shall be submitted no later than 14 days after the entry of this order. Parties who are registered for Appellate ECF must file the supplemental brief electronically. Parties who are not registered Appellate ECF filers must file the original supplemental brief plus seven paper copies. The Petition for Rehearing En Banc is denied as moot without prejudice to filing a new petition for rehearing en banc. PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON REUTERS/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2010 Thomson Reuters/West.

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