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IN RE SUSSEX

No. 14-70158.

781 F.3d 1065 (2015)

In re Mary Ann SUSSEX; Mitchell Pae; Malcolm Nicholl; Sandy Scalise; Ernesto Valdez, Sr.; Ernesto Valdez, Jr.; John Hanson; Elizabeth Hanson, Mary Ann Sussex; Mitchell Pae; Malcolm Nicholl; Sandy Scalise; Ernesto Valdez, Sr.; Ernesto Valdez, Jr.; John Hanson; Elizabeth Hanson, Petitioners, v. United States District Court for the District of Nevada, Las Vegas, Respondent, Turnberry/Mgm Grand Towers, LLC; MGM Grand Inc., Doing Business as MGM Mirage; Turnberry/Harmon Ave., LLC; MGM Grand Condominiums, LLC; Signature Condominiums, LLC; Turnberry West Realty, Inc.; MGM Resorts International, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Filed January 27, 2015.

Amended March 27, 2015.

Attorney(s) appearing for the Case

Norman B. Blumenthal (argued) and Kyle Nordrehaug , Blumenthal, Nordrehaug & Bhowmik, La Jolla, CA; Robert Gerard , Gerard & Associates, Las Vegas, NV, for Petitioners.

Steve Morris (argued), Akke Levin , and Jean-Paul Hendricks , Morris Law Group, Alex Fugazzi and Justin Carley , Snell & Wilmer LLP, Las Vegas, NV, for Real Party in Interest Turnberry/MGM Grand Towers, LLC.

Yvette Ostolaza , Yolanda C. Garcia , and Robert Velevis , Sidley Austin LLP, Dallas, TX, for Real Party in Interest MGM Resorts International.

No appearance for Respondent.

Before: FERDINAND F. FERNANDEZ and SANDRA S. IKUTA, Circuit Judges, and WILLIAM H. ALBRITTON III, Senior District Judge.

ORDER AND AMENDED OPINION

ORDER

The opinion filed on January 27, 2015, and published at 776 F.3d 1092, is hereby amended as follows:

On page 1099, the first sentence of the final paragraph should be deleted and replaced with the following:

The majority of our sister circuits expressly preclude any mid-arbitration intervention.

On page 1100, the following should be added to the end of the paragraph continued from page 1099:

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