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JOHNSON v. RIVERSIDE HEALTHCARE SYSTEM, LP

534 F.3d 1116 (2008)

Christopher Lynn JOHNSON, M.D., Plaintiff-Appellant, v. RIVERSIDE HEALTHCARE SYSTEM, LP, a California limited partnership, d/b/a Riverside Community Hospital; Riverside Healthcare System, LLC, a California limited liability corporation; Columbia/HCA Western Group, Inc., a Tennessee corporation, doing business in California; Medical Staff of Riverside Community Hospital, a California unincorporated association; Robert Duncanson, M.D.; Libby Martin; Barbara Marshall; Gay Dickinson; Patricia Lemmle; Earl Tate; Michael Rawlings, Defendants-Appellees. [DO] No. 06-55280.

United States Court of Appeals, Ninth Circuit.

Filed July 28, 2008.

Attorney(s) appearing for the Case

Dale L. Gronemeier, Gronemeier & Associates, P.C., South Pasadena, CA, argued the cause for the plaintiff-appellant, and filed briefs.

James L. Payne, Payne & Fears LLP, Irvine, CA, argued the cause for the defendants-appellees, and filed a brief; Laura Fleming, Payne & Fears LLP, Irvine, CA, and Tami Smason, Foley & Lardner LLP, Los Angeles, CA, were on the brief.

Before: DIARMUID F. O'SCANNLAIN and MILAN D. SMITH, JR., Circuit Judges, and MICHAEL W. MOSMAN, District Judge.

ORDER AND OPINION

O'SCANNLAIN, Circuit Judge:

ORDER

The petition for panel rehearing is GRANTED. The opinion filed on February 13, 2008, and appearing at 516 F.3d 759 (9th Cir.2008) is withdrawn. The superseding opinion will be filed concurrently with this order.

OPINION

We are called upon to decide whether a physician who asserts that he was discriminated against (based on his race, sexual orientation...

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