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SYED v. M-I, LLC

No. 14-17186.

853 F.3d 492 (2017)

Sarmad SYED, an individual, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. M-I, LLC, a Delaware Limited Liability Company; PreCheck, Inc., a Texas Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 20, 2017.

Amended March 20, 2017.

Attorney(s) appearing for the Case

Peter R. Dion-Kindem (argued), Peter R. Dion-Kindem P.C. , Woodland Hills, California; Lonnie C. Blanchard, III , The Blanchard Law Group, Los Angeles, California; for Plaintiff-Appellant.

Jason S. Mills (argued) and Alexis M. Gabrielson , Morgan Lewis & Bockius LLP, Los Angeles, California; Allyson N. Ho , Morgan Lewis & Bockius LLP, Dallas, Texas; Thomas M. Peterson , Morgan Lewis & Bockius LLP, San Francisco, California; Judd E. Stone , Morgan Lewis & Bockius LLP, Washington, D.C.; for Defendant-Appellee M-I, LLC.

E. Michelle Drake and John Albanese , Berger & Montague, P.C., Minneapolis, Minnesota, for Amici Curiae National Association of Consumer Advocates and National Consumer Law Center.

Daniel E. Jones , Archis A. Parasharami , and Andrew J. Pincus , Mayer Brown LLP, Washington, D.C.; Warren Postman and Kate Comerford Todd , U.S. Chamber Litigation Center, Inc., Washington, D.C.; for Amicus Curiae Chamber of Commerce of the United States.

Before: Mary M. Schroeder, Kim McLane Wardlaw, and John B. Owens, Circuit Judges.

ORDER

The opinion filed on January 20, 2017 is hereby amended, and an amended opinion is filed concurrently with this order.

With that amendment, the panel has unanimously voted to deny the petition for panel rehearing. Judges Wardlaw and Owens have voted to deny the petition for rehearing en banc, and Judge Schroeder has so recommended.

The full court has been advised of the suggestion for rehearing en banc and no active judge has requested a vote...

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