IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ United States Court of Appeals Fifth Circuit FILED No. 18-30652 May 8, 2019 _____________________ Lyle W. Cayce Clerk JAMES A. LATIOLAIS, Plaintiff - Appellee v. HUNTINGTON INGALLS, INCORPORATED, formerly known as Northrop Grumman Shipbuilding, Incorporated, formerly known as Northrop Grumman Ship Systems, Incorporated, formerly known as Avondale Industries, Incorporated, Defendant - Appellant __________________________ Appeal from the United States District Court for the Eastern District of Louisiana __________________________ ON PETITION FOR REHEARING EN BANC (Opinion March 11, 2019, 5 Cir., 2019, 918 F.3d 406) Before STEWART, Chief Judge, JONES, SMITH, DENNIS, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, COSTA, WILLETT, HO, DUNCAN, and OLDHAM, Circuit Judges. 1 BY THE COURT: A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor,

1 Judge Engelhardt is recused and did not participate in this decision.

No. 18-30652 IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.