Carvalho

Scott D. Kalkin, Roboostoff & Kalkin, San Francisco, CA, argued the cause for the plaintiff-appellant. Ron Bochner, Law Offices of Ron Bochner, Santa Clara, CA, filed the briefs.

Stephen J. Newman, Stroock & Stroock & Lavan LLP, Los Angeles, CA; Barry Goheen, King & Spalding LLP, Atlanta, GA; and Meir Feder, Jones Day, New York, NY, argued the cause for the defendants-appellees and filed a brief. With them on the brief were Lewis P. Perling, King & Spalding LLP, Atlanta, GA; Brian C. Frontino and Darius K. Zolnor, Stroock & Stroock & Lavan LLP, Los Angeles, CA; and Deanna L. Johnston and Nathaniel P. Garrett, Jones Day, San Francisco, CA.

Before: DIARMUID F. O'SCANNLAIN, STEPHEN S. TROTT and RICHARD A. PAEZ, Circuit Judges.

The opinion filed on August 18, 2010 [ 615 F.3d 1217 ], is amended as follows:

At pages 12121-22 [ 615 F.3d at 1232 ] of the slip opinion, replace:

with

At page 12123 of the slip opinion, lines 16-17 [ 615 F.3d at 1232 ], replace with .

With these amendments, the panel has unanimously voted to deny the petition for rehearing. Judges O'Scannlain and Paez have voted to deny the petition for rehearing en banc, and Judge Trott has so recommended. The full…