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09-99019 - Charles Hedlund v. Charles Ryan


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09-99019 - Charles Hedlund v. Charles Ryan
April 24, 2014
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FILED OPINION (KIM MCLANE WARDLAW, CARLOS T. BEA and N. RANDY SMITH) AFFIRMED. Judge: KMW Concurring & dissenting, Judge: NRS Authoring. FILED AND ENTERED JUDGMENT. [9070648]
September 4, 2014
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Filed Order for PUBLICATION (KIM MCLANE WARDLAW, CARLOS T. BEA and N. RANDY SMITH) Appellant’s petition for panel rehearing and for rehearing en banc, filed June 13, 2014, remains pending. The panel will stay proceedings on the petition for panel rehearing and petition for rehearing en banc pending resolution of en banc proceedings in McKinney v. Ryan, 730 F.3d 903 (9th Cir. 2013), rehearing en banc granted, 2014 WL 1013859 (Mar. 12, 2014). IT IS SO ORDERED. [9228906]
March 4, 2016
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FILED ORDER AND OPINION (KIM MCLANE WARDLAW, CARLOS T. BEA and N. RANDY SMITH) The opinion filed April 24, 2014, and reported at 750 F.3d 793, is withdrawn. Because the court’s opinion is withdrawn, Appellant’s petition for rehearing and petition for rehearing en banc is moot. A superseding opinion will be filed concurrently with this order. Further petitions for rehearing and petitions for rehearing en banc may be filed. Each party shall bear its own costs on appeal. REVERSED in part, AFFIRMED in part, and REMANDED. Judge: KMW Concurring & dissenting, Judge: CTB Concurring, Judge: NRS Authoring. FILED AND ENTERED JUDGMENT. [9889205] [9889205] --[Edited 03/04/2016 by RMM]
April 13, 2017
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Filed order and amended opinion (KIM MCLANE WARDLAW, CARLOS T. BEA and N. RANDY SMITH) Opinion by Judge N.R. Smith; Concurrence by Judge Bea; Partial Concurrence and Partial Dissent by Judge Wardlaw Amending Disposition Order and Opinion REVERSED IN PART; AFFIRMED IN PART. The opinion filed March 4, 2016, and reported at 815 F.3d 1233, is hereby amended concurrent with the filing of an Amended Opinion today. With these amendments, Judges Bea and N.R. Smith voted to deny the petition for rehearing en banc, and Judge Wardlaw voted to grant the petition for rehearing en banc. The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R. App. P. 35. The petition for rehearing en banc is DENIED. No further petitions for rehearing or rehearing en banc may be filed in response to the amended disposition. [10394219]