GONZALEZ v. GOOGLE LLC (2022)

United States Court of Appeals, Ninth Circuit.

Reynaldo GONZALEZ; The Estate of Nohemi Gonzalez; Beatriz Gonzalez, Individually and as Administrator of the Estate of Nohemi Gonzalez; Jose Hernandez; Rey Gonzalez; Paul Gonzalez, Plaintiffs-Appellants, v. GOOGLE LLC, Defendant-Appellee.

No. 18-16700

Decided: January 03, 2022

Before: Ronald M. Gould, Marsha S. Berzon, and Morgan Christen, Circuit Judges.

Keith Altman (argued) and Daniel W. Weininger (argued), Excolo Law, Southfield, Michigan, Plaintiff-Appellant Reynaldo Gonzalez. Robert J. Tolchin (argued) and Meir Katz, Berkman Law Office LLC, Brooklyn, New York; for Plaintiffs-Appellants Estate of Nohemi Gonzalez; Beatriz Gonzalez, Jose Hernandez, Rey Gonzalez, and Paul Gonzalez. Brian M. Willen (argued), Wilson Sonsini Goodrich & Rosati, New York, New York; David H. Kramer, Lauren Gallo White, and Kelly M. Knoll, Wilson Sonsini Goodrich & Rosati, Palo Alto, California; Steffen N. Johnson and Paul N. Harold, Wilson Sonsini Goodrich & Rosati, PC, Washington, D.C.; for Defendant-Appellee. Aaron Mackey and Sophia Cope, Electronic Frontier Foundation, San Francisco, California, for Amicus Curiae Electronic Frontier Foundation. Brian J. Dunne, Bathaee Dunne LLP, Los Angeles, California; Yavar Bathaee, Bathaee Dunne LLP, New York, New York; for Amicus Curiae Artificial Intelligence Law and Policy Institute.

ORDER

Judge Gould and Judge Berzon have voted to grant Plaintiffs-Appellants' petition for rehearing and rehearing en banc, and Judge Christen has voted to deny the petition for rehearing and rehearing en banc.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. See Fed. R. App. P. 35. Judges Wardlaw, Collins, Bress, and Koh did not participate in the deliberations or vote in this case.

The petition for rehearing and rehearing en banc (Dkt. 87, 88) is DENIED.

Judge Gould's dissent from the denial of rehearing en banc is filed concurrently with this order.

I respectfully dissent from denial of rehearing en banc for the reasons stated in my panel opinion dissenting in part in Gonzalez v. Google LLC, 2 F.4th 871, 918–52 (9th Cir. 2021).

Order; Dissent by Judge Gould

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