United States v. 2008-04-22 | 05-56452 | MOLSKI V. EVERGREEN DYNASTY | precedential | opinion |

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 D.C. No. corporation, CV-04-00450-ER Plaintiffs-Appellants, Central District of v. 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
*The Honorable Kevin Thomas Duffy, Senior United States District
Judge for the Southern District of New York, sitting by designation.
4217

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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.”
4218 MOLSKI v. EVERGREEN DYNASTY CORP.

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The summary, which does not constitute a part of the opinion of the court, is copyrighted
© 2008 Thomson/West.

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