Doe v. Kamehameha ( 2006 )

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOHN DOE, a minor, by his mother  and next friend, Jane Doe nfr Jane Doe, Plaintiff-Appellant, and JOSEPHINE HELELANI PAUAHI RABAGO, Intervenor, v. KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE; CONSTANCE LAU, in her capacity as Trustee of No. 04-15044 the Kamehameha Schools/Bernice Pauahi Bishop Estate; NAINOA THOMPSON, in his capacity as  D.C. No. CV-03-00316-ACK Trustee of the Kamehameha ORDER Schools/Bernice Pauahi Bishop Estate; DIANE J. PLOTTS, in her capacity as Trustee of the Kamehameha Schools/Bernice Pauahi Bishop Estate; ROBERT K.U. KIHUNE, in his capacity as Trustee of the Kamehameha Schools/Bernice Pauahi Bishop Estate; J. DOUGLAS ING, in his capacity as Trustee of the Kamehameha Schools/Bernice Pauahi Bishop Estate, Defendants-Appellees.  2029 2030 DOE v. KAMEHAMEHA SCHOOLS Filed February 22, 2006 Before: Mary M. Schroeder, Chief Judge. ORDER Upon the vote of a majority of nonrecused regular active judges of this court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. 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. 1 Judge Clifton is recused. PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2006 Thomson/West.