Retail Digital Network, LLC v. Gorsuch, 13-56069

Decision Date16 November 2016
Docket NumberNo. 13-56069,13-56069
Citation842 F.3d 1092
Parties Retail Digital Network, LLC, Plaintiff-Appellant, v. Timothy Gorsuch, as Director of the California Department of Alcoholic Beverage Control, Defendant-Appellee.
CourtU.S. Court of Appeals — Ninth Circuit
ORDER

THOMAS, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be heard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

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

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3 cases
  • Retail Digital Network, LLC v. Prieto
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • June 14, 2017
    ...the panel issued its opinion, a majority of nonrecused active judges voted to rehear this case en banc. Retail Digital Network, LLC v. Gorsuch , 842 F.3d 1092, 1092 (9th Cir. 2016).B.To understand the purpose of Section 25503(f) –(h), some historical context is necessary. Section 25503 is p......
  • Custodio v. Samillan
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • December 2, 2016
  • Jack Palmer & Carwerks, LLC v. City of Missoula, Mont., Corp.
    • United States
    • U.S. District Court — District of Montana
    • April 4, 2017
    ...Digital Network, LLC v. Appelsmith, 810 F.3d 638 (9th Cir. 2016), has been vacated and is non-precedential. Retail Digital Network, LLC v. Gorsuch, 842 F.3d 1092 (9th Cir. 2016). Moreover, in that case, the Ninth Circuit panel held that the individual analogous to Palmer did, in fact, have ......

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