Narrative Opinion Summary
The request for publication by the Regional Director and Amicus Curiae is granted. The memorandum disposition from March 17, 2009, is withdrawn, and a new opinion will be issued later. Petitions for panel rehearing and rehearing en banc are dismissed as moot. Parties can file new petitions regarding the upcoming superseding opinion in accordance with the Federal Rules of Appellate Procedure.
Legal Issues Addressed
Dismissal of Rehearing Petitionssubscribe to see similar legal issues
Application: The petitions for panel rehearing and rehearing en banc were dismissed as moot, given the upcoming issuance of a new opinion.
Reasoning: Petitions for panel rehearing and rehearing en banc are dismissed as moot.
Memorandum Disposition Withdrawalsubscribe to see similar legal issues
Application: The court withdrew the memorandum disposition issued on March 17, 2009, in anticipation of issuing a new opinion.
Reasoning: The memorandum disposition from March 17, 2009, is withdrawn, and a new opinion will be issued later.
Procedure for New Petitionssubscribe to see similar legal issues
Application: Parties are allowed to file new petitions regarding the forthcoming opinion in accordance with the procedural rules.
Reasoning: Parties can file new petitions regarding the upcoming superseding opinion in accordance with the Federal Rules of Appellate Procedure.
Request for Publication Grantedsubscribe to see similar legal issues
Application: The court granted the request for publication made by the Regional Director and Amicus Curiae.
Reasoning: The request for publication by the Regional Director and Amicus Curiae is granted.