Richard Stengel v. Medtronic Incorporated

Jul 25, 2012
10-17755
Versions:

sealed, we conclude that the records should be made public once the parties are permitted to redact sensitive information.

REVERSED and REMANDED.

Judges Nguyen, Watford and Hurwitz did not participate in the deliberations or vote as to whether the case should be taken en banc.

Eric Andrew Long, Esquire, Peter C. Meier, Esquire, Paul Hastings LLP, Michael Temple Risher, Staff, American Civil Liberties Union Foundation, San Francisco, CA, for Plaintiffs-Appellants.

Daniel Powell, Deputy Attorney General, California Department of Justice, San Francisco, CA, for Defendants-Appellees.

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Fed. R. App. P. 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

Thomas G. Cotter, Haralson Miller Pitt Feldman & McAnally, PLC, Tucson, AZ, for Plaintiffs-Appellants.

Michael Kevin Brown and Lisa Marie Baird, Reed Smith, LLP, Los Angeles, CA, and Timothy James Casey, Esquire, Litigation Counsel, Schmitt, Schneck, Smyth & Herrod PC, Phoenix, AZ, for Defendant-Appellee.

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Fed. R. App. P. 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

Judges Wardlaw, Murguia and Hurwitz did not participate in the deliberations or vote as to whether the case should be taken en banc.