ODLE v. FLORES

No. 16-10347.

899 F.3d 344 (2017)

Stephanie ODLE, on behalf of herself and all others similarly situated, et al; Plaintiffs Wal-Mart Stores, Incorporated, Defendant-Appellee v. Oralia FLORES; Rosie Lujan; Alice Biscardi; Debbie Hayworth; Brenda Henderson; Linda Mcfadden; Margarita Murillo; Sandra Phelan, on behalf of themselves and others similarly situated, Movants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 1, 2017.


Attorney(s) appearing for the Case

Theodore J. Boutrous, Jr., Esq. , Catherine Anne Conway, Esq. , Attorneys, Gibson, Dunn & Crutcher, L.L.P., Los Angeles, CA, Rachel Susan Brass , Gibson, Dunn & Crutcher, L.L.P., San Francisco, CA, Michelle L. Maryott , Gibson, Dunn & Crutcher, L.L.P., Irvine, CA, Karl G. Nelson , Gibson, Dunn & Crutcher, L.L.P., Dallas, TX, Mark Andrew Perry , Gibson, Dunn & Crutcher, L.L.P., Washington, DC, for Defendant — Appellee.

Hal K. Gillespie , Gillespie Sanford, L.L.P., Dallas, TX, Joseph M. Sellers , Christine E. Webber , Cohen Milstein Sellers & Toll, P.L.L.C., Washington, DC, for Movants-Appellants.

Before REAVLEY, ELROD, and GRAVES, Circuit Judges.


Treating the Petition for Rehearing En Banc as a Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED. The court having been polled at the request of one of the members of the court and a majority of the judges who are in regular active service and not disqualified not having voted in favor (FED. R. APP. P. and 5

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