Opinion
21-2203
10-18-2022
ASHLEY POPA, individually and on behalf of all others similarly situated, Appellant v. HARRIET CARTER GIFTS, INC., a Pennsylvania corporation; NAVISTONE, INC., a Delaware corporation
Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil Action No. 2-19-cv-00450) District Judge: Honorable William S. Stickman, IV
Before: CHAGARES, Chief Judge, McKEE, AMBRO, JORDAN, HARDIMAN, GREENAWAY, JR., SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, and FUENTES , Circuit Judges
SUR PETITION FOR REHEARING
Thomas L. Ambro, Circuit Judge
The petition for panel rehearing filed by Appellee is granted in part. The panel has determined that the original decision should be upheld but has revised the opinion to clarify issues raised in appellee's petition for rehearing. Accordingly, it is hereby
ORDERED that the opinion filed on August 16, 2022, is hereby vacated and amended opinion shall be filed simultaneously with this order. The revised opinion does not alter the August 16, 2022, judgment.
The amended opinion has been circulated to the en banc court in accordance with 3d Cir. I.O.P. 9.5.7. The majority of the judges of the circuit in regular active service having not voted for rehearing, the petition for rehearing en banc is denied.
Judge Fuentes' vote is limited to panel rehearing only.