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MAKAEFF v. TRUMP UNIVERSITY, LLC

No. 11-55016.

736 F.3d 1180 (2013)

Tarla MAKAEFF, on behalf of herself and all others similarly situated, Plaintiff-counter-defendant — Appellant, and Brandon Keller; Ed Oberkrom; Patricia Murphy, Plaintiffs, v. TRUMP UNIVERSITY, LLC, a New York limited liability company, AKA Trump Entrepreneur Initiative, Defendant-counter-claimant — Appellee, and Donald J. Trump, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed November 27, 2013.

Attorney(s) appearing for the Case

Amber Eck , Zeldes Haeggquist & Eck, LLP, Amanda M. Frame , Rachel L. Jensen , Thomas R. Merrick , Robbins Geller Rudman & Dowd LLP, San Diego, CA, for Plaintiff-counter-defendant — Appellant.

Jill Ann Martin , Assistant General Counsel, Trump National Golf Club, Rancho Palos Verdes, CA, David Keith Schneider , Yunker & Schneider, John David Loy, Esquire , Legal Director, Aclu Foundation of San Diego and Imperial Counties, San Diego, CA, Christopher M. Burke , Scott & Scott LLP, San Diego, CA, for Defendant-counter-claimant — Appellee.

Order; Concurrence by Judges WARDLAW and CALLAHAN; Dissent by Judge WATFORD.

ORDER

Chief Judge Kozinski and Judge Paez have voted to grant the petition for rehearing en banc. Judge Wardlaw has voted to deny the petition for rehearing en banc.

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. 35(f).

Appellee's...

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