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14-15243 - Joseph Cesarz, et al v. Wynn Las Vegas, et al


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14-15243 - Joseph Cesarz, et al v. Wynn Las Vegas, et al
February 23, 2016
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FILED OPINION (HARRY PREGERSON, N. RANDY SMITH and JOHN B. OWENS) We heard oral argument in these two cases together, and we now consolidate them for disposition. See Fed. R. App. P. 3(b)(2); Mattos v. Agarano, 661 F.3d 433, 436 n.1 (9th Cir. 2011) (en banc). REVERSED AND REMANDED. Judge: HP Authoring, Judge: NRS Dissenting. FILED AND ENTERED JUDGMENT. [9874102] [13-35765, 14-15243]
September 6, 2016
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Filed Order for PUBLICATION (HARRY PREGERSON, N. RANDY SMITH and JOHN B. OWENS) (Judge O'Scannlain, dissenting) Judges Pregerson and Owens have voted to deny the petition for panel rehearing. Judge Owens has voted to deny the petition for rehearing en banc, and Judge Pregerson has so recommended. Judge N.R. Smith has voted to grant the petition for panel rehearing and 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 votes of the nonrecused active judges in favor of en banc consideration. Fed. R. App. P. 35. The petition for panel rehearing and the petition for rehearing en banc are DENIED. The order filed on April 1, 2016 denying rehearing in Cesarz v. Wynn Las Vegas is hereby amended to reflect this subsequent en banc activity, including the dissent from denial of rehearing.[10112613] [13-35765, 14-15243]