Hitoshi Yoshikawa v. Troy Seguirant

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 13 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

HITOSHI YOSHIKAWA, No. 21-15970 Plaintiff-Appellee, D.C. No.

1:18-cv-00162-JAO-RT v. District of Hawaii, Honolulu

TROY K. SEGUIRANT, Individually,

ORDER

Defendant-Appellant, and

CITY AND COUNTY OF HONOLULU;

GREG TALBOYS; AGT

CONSTRUCTION, LLC; JAMES A.

SCHMIT,

Defendants.

MURGUIA, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion is vacated.

Judge Bennett did not participate in the deliberations or vote in this case.