Yoshikawa v. Seguirant

HITOSHI YOSHIKAWA,

Plaintiff-Appellee,

v.

TROY K. SEGUIRANT, Individually,

Defendant-Appellant,

and

CITY AND COUNTY OF HONOLULU;

GREG TALBOYS; AGT

CONSTRUCTION, LLC; JAMES A.

SCHMIT,

Defendants.

No. 21-15970

D.C. No.

1:18-cv-00162-JAO-RT

District of Hawaii,

Honolulu

United States Court of Appeals

Ninth Circuit

Filed February 13, 2023

ORDER

MURGUIA, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion is vacated.

Judge Bennett did not participate in the deliberations or vote in this case.