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14-55256 - Chanda Smith, et al v. LAUSD


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14-55256 - Chanda Smith, et al v. LAUSD
May 20, 2016
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FILED OPINION (JEROME FARRIS, RICHARD R. CLIFTON and CARLOS T. BEA) REVERSED AND REMANDED. Judge: CTB Authoring. FILED AND ENTERED JUDGMENT. [9984274] [14-55224, 14-55256]
July 27, 2016
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Filed order and amended opinion (JEROME FARRIS, RICHARD R. CLIFTON and CARLOS T. BEA). The opinion filed May 20, 2016 is amended as follows:(SEE ORDER FOR FULL TEXT) With these amendments, the panel has voted to deny Appellees’ June 3, 2016 Petition for Rehearing and Rehearing En Banc. We reiterate that we are not opining on the merits of Appellants’ claims that LAUSD’s actions violate state and federal law. Appellees’ Petition for Rehearing En Banc was also circulated to the judges of this court, and no judge requested a vote for en banc consideration. Accordingly, the Petition for Rehearing and Rehearing En Banc is DENIED. Appellants’ June 23, 2016 Motion for an Interim Injunction is likewise DENIED without prejudice to refiling in the district court. Appellants have failed to “show that moving first in the district court would be impracticable,” given the very late stage of these appellate proceedings. Fed. R. App. P. 8(a)(2)(A)(i). On remand, the district court is directed promptly to enter an order granting Appellants’ motion to intervene. The district court shall also timely consider and rule on any motion for injunctive relief. Appellants’ July 11, 2016 Request for Judicial Notice is likewise DENIED as moot. No further filings shall be accepted in this case. IT IS SO ORDERED. ; Amending Disposition Opinion REVERSED AND REMANDED. [10064741] [14-55224, 14-55256]--[COURT UPDATE: Attached corrected PDF of Opinion (minor correction). 07/27/2016 by RY]