Jesse Busk v. Integrity Staffing Solutions
Opinion
Opinion
ORDER
Pending before the Court is the Plaintiffs’ Motion for Reconsideration of our Order dated July 7, 2015, following remand from the United States Supreme Court. A review of the docket indicates that there have been a number of developments in the case of which the panel was unaware.
A brief procedural history is useful to understanding the status. The panel issued its opinion on April 12, 2013. Busk v. Integrity Staffing Solutions, Inc., 713 F.3d 525 (9th Cir.2013), rev’d, — U.S. -, 135 S.Ct. 513 , 190 L.Ed.2d 410 (2014). On May 3, 2013, the Defendant filed a petition for rehearing and rehearing en banc. No active judge requested a vote on the petition for rehearing en banc. Therefore, on June 3, 2013, the panel issued an order denying the petition for rehearing and rehearing en banc. No party sought a stay of the issuance of the mandate. Therefore, pursuant to Fed. R.App. P. 41(b), the Clerk of Court issued the mandate on June 12, 2013, giving effect to the judgment entered April 12, 2013. The Defendant filed a petition for a writ of certiorari to the United States Supreme Court on October 3, 2013. The Supreme Court granted the writ on March 7, 2014. On December 9, 2014,…