FILED
NOT FOR PUBLICATION SEP 26 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
TEAM ENTERPRISES, LLC, No. 10-16486
Plaintiff - Appellant, D.C. No. 1:08-cv-00872-LJO-SMS
Eastern District of California,
v. Fresno
WESTERN INVESTMENT REAL
ESTATE TRUST, AKA Western ORDER
Properties Trust,
Defendant,
and
MULTIMATIC CORPORATION, now
known as Kirrberg Corporation and
MULTIMATIC LLC,
Defendants - Appellees.
Before: O’SCANNLAIN and GOULD, Circuit Judges, and ST. EVE, District
Judge.*
The memorandum disposition filed in this case on July 26, 2011 is amended
as follows:
*
The Honorable Amy J. St. Eve, District Judge for the U.S. District
Court for Northern Illinois, Chicago, sitting by designation.
On page 4, lines 4-5, replace “Multimatic asks us to reverse the district
court’s decision denying Multimatic’s motion” with “Team asks us to reverse the
district court’s decision denying Team’s motion.”
The panel has voted to deny the petition for rehearing with suggestion for
rehearing en banc. The panel has voted unanimously to deny the petition for
rehearing. Judges O’Scannlain and Gould have voted to deny the suggestion for
rehearing en banc, and Judge St. Eve has so recommended. The full court has been
advised of the suggestion for rehearing en banc, and no active judge has requested
a vote on whether to rehear the matter en banc. Fed. R. App. P. 35.
The petition for rehearing and the suggestion for rehearing en banc are
DENIED. No further petitions for rehearing will be entertained.