IN RE ZAPPOS.COM, INC.

No. 16-16860.

888 F.3d 1020 (2018)

IN RE ZAPPOS.COM, INC., Customer Data Security Breach Litigation. Theresa Stevens; Kristin O'Brien; Terri Wadsworth; Dahlia Habashy; Patti Hasner; Shari Simon; Stephanie Priera; Kathryn Vorhoff; Denise Relethford; Robert Ree, Plaintiffs-Appellants, v. Zappos.com., Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 8, 2018.

Amended April 20, 2018.


Attorney(s) appearing for the Case

Douglas Gregory Blankinship (argued), Finkelstein Blankinship Frei-Pearson and Garber LLP, White Plains, New York; David C. O'Mara , The O'Mara Law Firm P.C., Reno, Nevada; Ben Barnow , Barnow and Associates P.C., Chicago, Illinois; Richard L. Coffman , The Coffman Law Firm, Beaumont, Texas; Marc L. Godino , Glancy Binkow & Goldberg LLP, Los Angeles, California; for Plaintiffs-Appellants.

Stephen J. Newman (argued), David W. Moon , Brian C. Frontino , and Julia B. Strickland , Stroock & Stroock & Lavan LLP, Los Angeles, California; Robert McCoy , Kaempfer Crowell, Las Vegas, Nevada; for Defendant-Appellee.

Before: John B. Owens and Michelle T. Friedland, Circuit Judges, and Elaine E. Bucklo, District Judge.


ORDER

The opinion filed on March 8, 2018, and appearing at 884 F.3d 893, is amended as follows. On page 899:

Replace <Zappos is mistaken ... the present> with <Zappos initially contended on appeal that the relevant time at which to assess standing was the present. But it could not offer any support for that contention. After our opinion was initially filed, Zappos sought rehearing on this issue, urging us to read...

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