Hitoshi Yoshikawa v. Troy Seguirant

                              FOR PUBLICATION                             FILED
                   UNITED STATES COURT OF APPEALS                          FEB 13 2023
                                                                      MOLLY C. DWYER, CLERK
                                                                        U.S. COURT OF APPEALS
                          FOR THE NINTH CIRCUIT

HITOSHI YOSHIKAWA,                              No.    21-15970

                Plaintiff-Appellee,             D.C. No.
                                                1:18-cv-00162-JAO-RT
 v.                                             District of Hawaii,
                                                Honolulu
TROY K. SEGUIRANT, Individually,
                                                ORDER
                Defendant-Appellant,

and

CITY AND COUNTY OF HONOLULU;
GREG TALBOYS; AGT
CONSTRUCTION, LLC; JAMES A.
SCHMIT,

                Defendants.

MURGUIA, Chief Judge:

      Upon the vote of a majority of nonrecused active judges, it is ordered that

this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)

and Circuit Rule 35-3. The three-judge panel opinion is vacated.

      Judge Bennett did not participate in the deliberations or vote in this case.