United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
July 2, 2021
No. 20-30382
Lyle W. Cayce
Clerk
Stephen Douglass, Individually and as personal
representative of the Estate of Shingo Alexander
Douglass; Dora Hernandez, Individually and as
personal representative of the Estate of Noe
Hernandez; Lan Huynh, Individually and as personal
representative of the Estate of Ngoc Truong Huynh;
Darrold Martin, Individually and as personal
representative of the Estate of Xavier Alec Martin;
Erin Rehm, Individually and as personal representative
of the Estate of Gary Leo Rehm, Jr.; Lloyd Wayne
Rigsby, Jr., Individually and as personal representative
of the Estate of Dakota Kyle Rigsby; Carmen Sibayan,
Individually and as personal representative of the
Estate of Carlos Victor Ganzon Sibayan,
Plaintiffs—Appellants,
versus
Nippon Yusen Kabushiki Kaisha,
Defendant—Appellee,
consolidated with
No. 20-30379
Jhon Alcide; Richard Allen-Easmon; Dustin Angle;
No. 20-30382
Jesus Arguello; Valerie Arguello, Et al
Plaintiffs—Appellants,
versus
Nippon Yusen Kabushiki Kaisha,
Defendant—Appellee.
Appeals from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:19-CV-13688
USDC No. 2:19-CV-13691
ON PETITION FOR REHEARING EN BANC
(Opinion April 30, 2021, 5 Cir., 2021, 996 F.3d 289)
Before Owen, Chief Judge, and Jones, Smith, Stewart, Dennis,
Elrod, Southwick, Haynes, Graves, Higginson, Costa,
Willett, Ho, Duncan, Engelhardt, Oldham, and Wilson,
Circuit Judges.
Per Curiam:
A member of the court having requested a poll on the petition for
rehearing en banc, and a majority of the circuit judges in regular active service
and not disqualified having voted in favor,
IT IS ORDERED that this cause shall be reheard by the court en
banc with oral argument on a date hereafter to be fixed. The Clerk will specify
a briefing schedule for the filing of supplemental briefs. Pursuant to
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No. 20-30382
5th Circuit Rule 41.3, the panel opinion in this case dated April 30, 2021, is
VACATED.
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