Nos. 18-16303 18-17275.

60 F.4th 459 (2022)

Fred BOWERMAN; Julia Bowerman, on Behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. FIELD ASSET SERVICES, INC.; Field Asset Services, LLC, n/k/a Xome Field Services, LLC, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Vacated September 23, 2021.

Resubmitted June 23, 2022 San Francisco, California.

Filed July 5, 2022.

Amended February 14, 2023.

Attorney(s) appearing for the Case

Frank G. Burt (argued) and Brian P. Perryman , Faegre Drinker Biddle & Reath LLP, Washington, D.C.; Robert G. Hulteng and Aurelio J. Perez , Littler Mendelson PC, San Francisco, California; Barrett K. Green , Littler Mendelson PC, Los Angeles, California; for Defendants-Appellants.

Monique Olivier (argued), Olivier & Schreiber LLP, San Francisco, California; Thomas E. Duckworth , Duckworth Peters LLP, San Francisco, California; James E. Miller and Laurie Rubinow , Miller Shah LLP, Chester, Connecticut; Ronald S. Kravitz , Miller Shah LLP, San Francisco, California; James C. Shah , Miller Shah LLP, Philadelphia, Pennsylvania; Nathan C. Zipperian , Miller Shah LLP, Fort Lauderdale, Florida; Erika Heath , Erika Heath Attorney at Law, San Francisco, California; for Plaintiffs-Appellees.

Aaron D. Kaufmann , Leonard Carder LLP, Oakland, California; Catherine Ruckelshaus , National Employment Law Project, New York, New York; George A. Warner , Legal Aid at Work, San Francisco, California; Winifred Kao , Asian Americans Advancing Justice-Asian Law Caucus, San Francisco, California; for Amici Curiae California Employment Lawyers' Association, Legal Aid at Work, National Employment Law Project, Asian Americans Advancing Justice-Asian Law Caucus.

Lindsay Nako and Jocelyn D. Larkin , Impact Fund, Berkeley, California, for Amici Curiae Impact Fund, Centro Legal De La Raza, Disability Rights California, Housing and Economic Rights Advocates, Law Foundation of Silicon Valley, Lawyers' Committee for Civil Rights of the San Francisco Bay Area, and Public Advocates Inc.

David Mara and Jill Vecchi , Mara Law Firm PC, San Diego, California, for Amicus Curiae Consumer Attorneys of California.

Opinion by Judge Bennett.


The opinion filed July 5, 2022, and appearing at 39 F.4th 652, is amended by the opinion filed concurrently with this order.

With these amendments, the panel unanimously votes to deny the petition for panel rehearing. Judges Bennett and Bade vote to deny the petition for rehearing en banc, and Judge W. Fletcher so recommends. The full court has been advised of the petition for rehearing en banc, and no judge requested a vote on whether to rehear the...

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