Hitoshi Yoshikawa v. Troy Seguirant ( 2023 )

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 13 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HITOSHI YOSHIKAWA, No. 21-15970 Plaintiff-Appellee, D.C. No. 1:18-cv-00162-JAO-RT v. District of Hawaii, Honolulu TROY K. SEGUIRANT, Individually, ORDER Defendant-Appellant, and CITY AND COUNTY OF HONOLULU; GREG TALBOYS; AGT CONSTRUCTION, LLC; JAMES A. SCHMIT, Defendants. 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.