CARIJANO v. OCCIDENTAL PETROLEUM CORP.

Nos. 08-56187, 08-56270.

686 F.3d 1027 (2012)

Tomas Maynas CARIJANO; Roxana Garcia Dahua, a minor, by her guardian Rosario Dahua Hualinga; Rosario Dahua Hualinga, personally and on behalf of her minor child Roxana Garcia Dahua; Nilda Garcia Sandi, a minor, by her guardian Rosalbina Hualinga Sandi; Rosalbina Hualinga Sandi, personally and on behalf of her minor child Nilda Garcia Sandi; Elena Maynas Mozambite, a minor, by her guardian Gerardo Maynas Hualinga; Gerardo Maynas Hualinga, personally and on behalf of his minor child Elena Maynas Mozambite; Alan Cariajano Sandi, a minor, by his guardian Pedro Sandi; Pedro Sandi Washington, personally and on behalf of his minor child Alan Cariajano Sandi; Elisa Hualinga Maynas, a minor, by her guardians Daniel Hualinga Sandi and Andrea Maynas Cariajano; Daniel Hualinga Sandi, personally and on behalf of his minor child Elisa Hualinga Maynas; Andrea Maynas Cariajano, personally and on behalf of her minor child Elisa Hualinga Maynas; Cerilo Hualinga Hualinga, a minor, by his guardians Roman Hualinga Sandi and Rosa Hualinga; Roman Hualinga Sandi, personally and on behalf of his minor child Cerilo Hualinga Hualinga; Rosa Hualinga, personally and on behalf of her minor child Cerilo Hualinga Hualinga; Rodolfo Maynas Suarez, a minor, by his guardians Horacio Maynas Cariajano and Delmencia Suarez Diaz; Horacio Maynas Cariajano, personally and on behalf of his minor child Rodolfo Maynas Suarez; Delmencia Suarez Diaz, personally and on behalf of her minor child Rodolfo Maynas Suarez; Katia Hualinga Salas, a minor, by her guardians Alejandro Hualinga Chuje and Linda Salas Pisongo; Alejandro Hualinga Chuje, personally and on behalf of his minor child Katia Hualinga Salas; Linda Salas Pisongo, personally and on behalf of her minor child Katia Hualinga Salas; Francisco Panaigo Paima, a minor, by his guardians Milton Panaigo Diaz and Anita Paima Cariajano; Milton Panaigo Diaz, personally and on behalf of his minor child Francisco Panaigo Paima; Anita Paima Cariajano, personally and on behalf of her minor child Francisco Panaigo Paima; Adolfina Garcia Sandi, personally and on behalf of her deceased minor child Olivio Salas Garcia; Amazon Watch, Inc., a Montana corporation, Plaintiffs-Appellants, v. OCCIDENTAL PETROLEUM CORPORATION, a Delaware Corporation; Occidental Peruana, Inc., a California Corporation, Defendants-Appellees. Tomas Maynas Carijano; Roxana Garcia Dahua, a minor, by her guardian Rosario Dahua Hualinga; Rosario Dahua Hualinga, personally and on behalf of her minor child Roxana Garcia Dahua; Nilda Garcia Sandi, a minor, by her guardian Rosalbina Hualinga Sandi; Rosalbina Hualinga Sandi, personally and on behalf of her minor child Nilda Garcia Sandi; Elena Maynas Mozambite, a minor, by her guardian Gerardo Maynas Hualinga; Gerardo Maynas Hualinga, personally and on behalf of his minor child Elena Maynas Mozambite; Alan Cariajano Sandi, a minor, by his guardian Pedro Sandi; Pedro Sandi Washington, personally and on behalf of his minor child Alan Cariajano Sandi; Elisa Hualinga Maynas, a minor, by her guardians Daniel Hualinga Sandi and Andrea Maynas Cariajano; Daniel Hualinga Sandi, personally and on behalf of his minor child Elisa Hualinga Maynas; Andrea Maynas Cariajano, personally and on behalf of her minor child Elisa Hualinga Maynas; Cerilo Hualinga Hualinga, a minor, by his guardians Roman Hualinga Sandi and Rosa Hualinga; Roman Hualinga Sandi, personally and on behalf of his minor child Cerilo Hualinga Hualinga; Rosa Hualinga, personally and on behalf of her minor child Cerilo Hualinga Hualinga; Rodolfo Maynas Suarez, a minor, by his guardians Horacio Maynas Cariajano and Delmencia Suarez Diaz; Horacio Maynas Cariajano, personally and on behalf of his minor child Rodolfo Maynas Suarez; Delmencia Suarez Diaz, personally and on behalf of her minor child Rodolfo Maynas Suarez; Katia Hualinga Salas, a minor, by her guardians Alejandro Hualinga Chuje and Linda Salas Pisongo; Alejandro Hualinga Chuje, personally and on behalf of his minor child Katia Hualinga Salas; Linda Salas Pisongo, personally and on behalf of her minor child Katia Hualinga Salas; Francisco Panaigo Paima, a minor, by his guardians Milton Panaigo Diaz and Anita Paima Cariajano; Milton Panaigo Diaz, personally and on behalf of his minor child Francisco Panaigo Paima; Anita Paima Cariajano, personally and on behalf of her minor child Francisco Panaigo Paima; Adolfina Garcia Sandi, personally and on behalf of her deceased minor child Olivio Salas Garcia; Amazon Watch, Inc., a Montana corporation, Plaintiffs-Appellees, v. Occidental Petroleum Corporation, a Delaware Corporation; Occidental Peruana, Inc., a California Corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

May 31, 2012.


Attorney(s) appearing for the Case

Natalie Bridgeman Fields , Law Offices of Natalie Bridgeman Fields, San Francisco, CA, Robert G. Kerrigan, Esquire , Kerrigan, Estess, Rankin, McLeod & Thompson, LLP, Pensacola, FL, Michael Seplow , Schonbrun Desimone Seplow Harris Hoffman & Harrison, LLP, Venice, CA, Marco Simons , Richard Herz , Earthrights International, Washington, DC, for Plaintiffs-Appellees.

Danielle Gilmore , Quinn Emanuel Urquhart & Sullivan, LLP, Manuel Francisco Cachan , Daniel Paul Collins , Munger, Tolles & Olson LLP, Los Angeles, CA, for Defendants-Appellants.

Order; Dissent by Chief Judge KOZINSKI; Concurrence by Judge WARDLAW.


ORDER

The panel unanimously voted to deny the petition for panel rehearing. Judges Wardlaw and Gould also voted to deny the petition for rehearing en banc and Judge Schroeder so recommended.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P....

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