Gaudin

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CATHERINE JANE VON KENNEL  No. 03-15687

GAUDIN,

Petitioner-Appellant, D.C. No. v.  CV-00-00765-SPK/

LEK

JOHN R. REMIS, JR.,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the District of Hawaii Samuel P. King, Senior Judge, Presiding

Submitted July 18, 2005* San Francisco, California

Filed July 18, 2005

Before: David R. Thompson, Diarmuid F. O’Scannlain, and Marsha S. Berzon, Circuit Judges.

Opinion by Judge O’Scannlain

*This appeal was previously argued before another panel of this court, which issued an opinion, see 379 F.3d 631 (9th Cir. 2004), and transferred the case to this panel for further proceedings. This panel unanimously finds the remaining issues in this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). The case is ordered resubmitted as of the date of this opinion.

8397 8400 GAUDIN v. REMIS

COUNSEL

Paul A. Lynch, Lynch Ichida Thompson Kim & Hirota, Honolulu, Hawaii, for the petitioner.

Chunmay Chang, Honolulu, Hawaii, for the…