Opinion
No. 03-15955.
June 28, 2005.
D.C. No. CV-03-00208-MJJ.
F. Paul Bland, Trial Lawyers for Public Justice, Washington, DC, Sanford M. Cipinko, Esq., Law Offices of Sanford M. Cipinko, San Francisco, CA, Victoria Ni, Kate Gordon, Esq., Leslie A. Bailey, Esq., Trial Lawyers for Public Justice, PC, Oakland, CA, for Plaintiff-Appellant.
Glenn J. Plattner, Esq., Jenkens and Gilchrist, Morrison Foerster, LLP, Los Angeles, CA, John S. Warnlof, Esq., Warnlof Sumnick, Walnut Creek, CA, for Defendants-Appellees.
Before: SCHROEDER, Chief Judge.
ORDER
Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 353. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.