BIEL v. ST. JAMES SCHOOL

No. 17-55180.

926 F.3d 1238 (2019)

Kristen BIEL, Plaintiff-Appellant, v. ST. JAMES SCHOOL, a Corp., a California non-profit corporation; Does, 2-50, inclusive; St. James Catholic School, a California non-profit corporation; Doe 1, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2019.


Attorney(s) appearing for the Case

Cathryn Fund , Joseph Mark Lovretovich, Esquire , Attorney, Andrew Pletcher , Attorney, JML Law, Woodland Hills, CA, for Plaintiff-Appellant.

Veronica Fermin, Esquire , Ogletree, Deakins, Nash, Smoak & Stewart, Costa Mesa, CA, for Defendant-Appellee St. James School, A Corp., Does, 2-50.

Daniel Howard Blomberg , Eric C. Rassbach , Diana Verm , Counsel, Lori Windham , The Becket Fund for Religious Liberty, Washington, DC, Veronica Fermin, Esquire , Ogletree, Deakins, Nash, Smoak & Stewart, Costa Mesa, CA, Jack Steven Sholkoff , Attorney, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Los Angeles, CA, for Defendant-Appellee St. James Catholic School.

Susan Ruth Oxford, Esquire , Attorney, EEOC-U.S. Equal Employment Opportunity, Washington, DC, for Amicus Curiae U.S. Equal Employment Opportunity Commission.

Jacob Michael McIntosh, Esquire , Horvitz & Levy LLP, Burbank, CA, for Amicus Curiae Stephen Wise Temple.

Victoria Dorfman , Attorney, Jones Day, Washington, DC, for Amicus Curiae Douglas Laycock, Esquire, Michael W. McConnell, Thomas C. Berg, Robert F. Cochran, Jr., Carl H. Esbeck, Richard W. Garnett, Paul Horwitz, and John D. Inazu.

Eric Dean McArthur, Esquire , Attorney, Sidley Austin LLP, Washington, DC, for Amicus Curiae General Conference of Seventh-Day Adventists, International Society for Krishna Consciousness, Inc., Jewish Coalition for Religious Liberty, And Shaykh Hamza Yusuf.

William Haun , Shearman & Sterling LLP, Washington, DC, for Amicus Curiae National Catholic Educational Association.

Andrew G. I. Kilberg , Gibson, Dunn & Crutcher LLP, Washington, DC, for Amicus Curiae Church of God In Christ, Inc, Union of Orthodox Jewish Congregations of America.

Dissent by Judge R. Nelson


ORDER

The panel has voted unanimously to deny the petition for panel rehearing. Judge Fisher recommends granting the petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc. A judge of the court requested a vote on en banc rehearing. The matter failed to receive a majority of votes of non-recused active judges in favor of en banc consideration. Fed. R. App. P.35(f).

The petition for rehearing and the...

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