Quon v. Arch Wireless Operating Co., Inc. , 554 F.3d 769 ( 2009 )

Order; Concurrence by Judge WARDLAW; Dissent by Judge IKUTA.

ORDER

Judges Pregerson, Wardlaw, and Leigh-ton voted to deny Appellees’ petition for panel rehearing. Judges Pregerson and Wardlaw also voted to deny Appellees’ petition for rehearing en banc, and Judge Leighton so recommended.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc reconsideration. Fed. R.App. P. 35. Judge Bybee was re-cused.

The petition for rehearing en banc is denied.