No. 21-55221.

60 F.4th 437 (2022)

Sylvester OWINO; Jonathan Gomez, on behalf of themselves, and all others similarly situated, Plaintiffs-Appellees, v. CORECIVIC, INC., a Maryland corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 3, 2022.

Amended December 20, 2022.

Attorney(s) appearing for the Case

Nicholas D. Acedo (argued), Daniel P. Struck , Rachel Love , Ashlee B. Hesman , and Jacob B. Lee , Struck Love Bojanowski & Acedo PLC, Chandler, Arizona, for Defendant-Appellant.

Eileen R. Ridley , (argued) and Alan R. Ouellette , Foley & Lardner LLP, San Francisco, California; Robert L. Teel , Law Office of Robert L. Teel, Seattle, Washington; for Plaintiffs-Appellees.

Dissent by Judge VanDyke.


The opinion filed June 3, 2022, Owino v. CoreCivic, Inc., 36 F.4th 839 (9th Cir. 2022) is amended and superceded by the opinion filed concurrently with this order.

The full court has been advised of the petition for rehearing en banc. A judge of this Court requested a vote on the petition for rehearing en banc. A majority of the non-recused active judges did not vote to rehear the case en banc...

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