Opinion
2018-1551 2018-1552
09-03-2019
NOTE: This order is nonprecedential. Appeal from the United States District Court for the Northern District of California in No. 3:14-cv-04741-RS, Judge Richard Seeborg. Appeal from the United States District Court for the Northern District of California in No. 3:16-cv-02581-RS, Judge Richard Seeborg.
ON PETITION FOR PANEL REHEARING
Before LOURIE, O'MALLEY, and REYNA, Circuit Judges. PER CURIAM.
ORDER
Appellants filed a petition for panel rehearing on June 7, 2019. A response to the petition was invited by the panel and filed by the Appellees on July 29, 2019.
Upon consideration thereof,
IT IS ORDERED THAT:
1) The petition for panel rehearing is GRANTED to the extent that the following portion of the opinion at page 11, lines 20-21, is removed:
applies only in exceptional cases and
2) The petition for panel rehearing is otherwise DENIED.
FOR THE COURT
September 3, 2019
Date
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court