United States v. 2010-07-14 | 07-35866 | FLORER V. CONGREGATION PIDYON | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 DENNIS FLORER,
Plaintiff-Appellant, No. 07-35866
v. D.C. No.
CONGREGATION PIDYON SHEVUYIM, CV-06-01465-RSM
N.A. Contract Chaplaincy; GARY Western District of 
FRIEDMAN, Contract Chaplain; Washington,
JEWISH PRISONERS SERVICES Seattle
INTERNATIONAL, Contract ORDER
Chaplaincy,
Defendants-Appellees. 
Filed July 14, 2010
Before: Robert R. Beezer, Ronald M. Gould and
Richard C. Tallman, Circuit Judges.
ORDER
The Petition For Rehearing filed by defendants-appellees is
hereby GRANTED. The opinion filed by the panel on May 5,
2010, is withdrawn.
The parties shall file supplemental briefs addressing: (1) Is
there a genuine issue of material fact whether Florer could
only get Jewish religious materials and instruction from
defendant Congregation Pidyon Shevuyim? (2) Does evidence
in the record support the conclusion that Florer exhausted any
grievances through available levels before suing Congregation
Pidyon Shevuyim? (3) Any other factual or legal issue raised
by the petition for rehearing and for rehearing en banc, or
plaintiff-appellant’s response to that petition.
10101

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Plaintiff-appellant shall file its opening supplemental brief
on or before sixty days from the date of this order.
Defendants-appellees shall file a responsive brief on or before
thirty days from the date that plaintiff-appellant files its brief.
Plaintiff-appellant may also file an optional reply brief not
more than fifteen days after the responsive brief of
defendants-appellees is filed. Extension of these time limits
shall be granted only for good cause shown.
After all briefing has been filed, the panel shall confer
about whether further oral argument will be helpful in reach-
ing decision, and if so the Clerk of the court will make appro-
priate inquiries with counsel for the parties and with the
panel, and then schedule this matter for reargument in Seattle.
10102 FLORER v. CONGREGATION PIDYON SHEVUYIM

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