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MARTINEZ-GONZALEZ v. ELKHORN PACKING CO. LLC

No. 19-17311.

25 F.4th 613 (2021)

Dario MARTINEZ-GONZALEZ, on behalf of himself and other aggrieved employees, Plaintiff-Appellee, v. ELKHORN PACKING CO. LLC; D'Arrigo Bros. Co. of California, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed November 3, 2021.

Amended February 14, 2022.

Attorney(s) appearing for the Case

Regina Silva (argued) and Dan J. Bulfer , Atkinson Andelson Loya Ruud Romo, La Jolla, California; Geoffrey F. Gega , Law Offices of Geoffrey Gega, Santa Ana, California; for Defendants-Appellants.

Karla Gilbride (argued) and Rodolfo Padilla , Public Justice P.C., Washington, D.C.; Ana Vicente de Castro and Josephine B. Weinberg , California Rural Legal Assistance Inc., Salinas, California; for Plaintiff-Appellee.

Bruce Goldstein , Iris Figueroa , and Gabriela Hybel , Farmworker Justice, Washington, D.C., for Amicus Curiae Farmworker Justice.

Dissent by Judge Rawlinson

ORDER

The opinion filed on November 3, 2021, and published at 17 F.4th 875, is amended by the opinion filed concurrently with this order.

With this amended opinion, Appellee's petition for panel rehearing and rehearing en banc is DENIED. Judge Bumatay and Judge Siler have voted to deny the petition for panel rehearing. Judge Bumatay has voted to deny the petition for rehearing en banc and Judge Siler so recommends. Judge Rawlinson has voted...

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