OREGON RESTAURANT AND LODGING ASSOCIATION v. PEREZ

No. 13-35765, No. 14-15243.

843 F.3d 355 (2016)

OREGON RESTAURANT AND LODGING ASSOCIATION, a non-profit Oregon corporation; Washington Restaurant Association, a non-profit Washington corporation; Alaska Cabaret, Hotel, Restaurant & Retailers Association, a non-profit Alaska corporation; National Restaurant Association, a non-profit Illinois corporation; Davis Street Tavern LLC, an Oregon limited liability company; Susan Ponton, an individual, Plaintiffs-Appellees, v. Thomas PEREZ, in his official capacity as Secretary of the U.S. Department of Labor; Laura Fortman, in her official capacity as Deputy Administrator of the U.S. Department of Labor; U.S. Department of Labor, Defendants-Appellants. Joseph Cesarz; Quy Ngoc Tang, individually and on behalf of all others similarly situated, and all persons whose names are set forth in Exhibit A to the First Amended Complaint, Plaintiffs-Appellants, v. Wynn Las Vegas, LLC; Andrew Pascal; Steve Wynn, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2016.


Attorney(s) appearing for the Case

John S. Koppel (argued) and Michael Jay Singer , Attorneys, United States Department of Justice, Civil Division, Washington, D.C.; Stuart F. Delery , Assistant Attorney General, Office of the Attorney General, Washington, D.C.; S. Amanda Marshall , United States Attorney, United States Attorneys' Office, Oregon, for Defendants-Appellants Thomas Perez, et al.

Joshua D. Buck (argued), Thierman Buck , Reno, Nevada; Leon Greenberg and Dana Sniegocki , Leon Greenberg Professional Corporation, Las Vegas, Nevada, for Plaintiffs-Appellants Joseph Cesarz and Quy Ngoc Tang.

Paul DeCamp (argued), Jackson Lewis P.C., Reston, Virginia; Nicholas M. Beerman , Peter H. Nohle , and William Robert Donovan, Jr. , Jackson Lewis P.C., Seattle, Washington; Scott Oberg Oborn , Jackson Lewis P.C., Portland, Oregon, for Plaintiffs-Appellees Oregon Restaurant and Lodging Association, et al.

Eugene Scalia (argued) and Alexander Cox , Gibson Dunn & Crutcher LLP, Washington, D.C.; Gregory J. Kamer and Brian J. Cohen , Kamer Zucker Abbott , Las Vegas, Nevada, for Defendants-Appellees Wynn Las Vegas, LLC, et al.

Dissent by Judge O'Scannlain.


ORDER

Judges Pregerson and Owens have voted to deny the petition for panel rehearing. Judge Owens has voted to deny the petition for rehearing en banc, and Judge Pregerson has so recommended. Judge N.R. Smith has voted to grant the petition for panel rehearing and 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...

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