M.R. v. Dreyfus
9th Cir.
M.R.; S.J.; C.B.; D.W.; A.B.; M.B.; An. B.; J.B.; K.S.; T.M.; A.R.; M.J.B.; J.H.; H.C.; The Arc of Washington; Service Employees International Union Healthcare 775NW; Puget Sound Alliance for Retired Americans, Plaintiffs-Appellants, v. Susan DREYFUS, in her professional capacity as Secretary of Washington State Department of Social and Health Services; Washington State Department of Social and Health Services, a Department of the State of Washington, Defendants-Appellees.
Judges
- Before: STEPHEN REINHARDT, WILLIAM A. FLETCHER, and JOHNNIE B. RAWLINSON, Circuit Judges.
Attorneys
- Stephen P. Berzon, Eve Hedy Cervantez, Stacey Leyton, Matthew J. Murray, Casey Austin Roberts, Altshuler Berzon LLP, San Francisco, CA, Andrea Brenneke, MacDonald Hoague & Bayless, Seattle, WA, for the appellants.
- Edward J. Dee, William T. Stephens, William Bruce Work, Office of The Washington Attorney General, Olympia, WA, for the appellees.
majority
Order; Dissent to Order by Judge BEA; Opinion by Judge WILLIAM A. FLETCHER; Dissent to Opinion by Judge RAWLINSON.
ORDER
The opinion filed December 16, 2011, and published at 663 F.3d 1100, is amended as follows:
On page 1107, right column, lines 16-19: delete
On page 1121, left column, line 10: change to
On page 1121, left column, lines 17-19: change to
With these amendments, Judges Reinhardt and W. Fletcher have voted to deny Plaintiffs-Appellants’ petition for rehearing and Defendants-Appellees’ petition for rehearing and petition for rehearing en banc. Judge Rawlinson has voted to deny Plaintiff-Appellants’ petition for rehearing and to grant Defendants-Appellees’ petition for rehearing and petition for rehearing en banc.
A judge of the court called for a vote on the petition for rehearing en banc. A vote was taken, and a majority of the active judges of the court failed to vote for en banc rehearing. Fed. R.App. P. 35(f).
The petitions for rehearing and the petition for rehearing en banc are DENIED. No further petitions for rehearing or for rehearing en banc may be filed. The mandate shall be issued forthwith.
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