Molski v. Evergreen Dynasty

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

MCINERNEY, as joint tenants, Defendants-Appellees.  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 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 deci- sion.”

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