Quon

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JERILYN QUON; APRIL FLORIO; JEFF 

QUON; STEVE TRUJILLO,

Plaintiffs-Appellants, v. No. 07-55282

ARCH WIRELESS OPERATING

COMPANY, INCORPORATED, a D.C. No.

CV-03-00199-SGL

Delaware corporation; CITY OF ONTARIO, a municipal corporation;  Central District of LLOYD SCHARF, individually and as California, Chief of Ontario Police Los Angeles Department; ONTARIO POLICE ORDER

DEPARTMENT; DEBBIE GLENN,

individually and as a Sergeant of Ontario Police Department, Defendants-Appellees.  Filed January 27, 2009

Before: Harry Pregerson and Kim McLane Wardlaw, Circuit Judges, and Ronald B. Leighton,* District Judge.

Order; Concurrence by Judge Wardlaw; Dissent by Judge Ikuta

*The Honorable Ronald B. Leighton, United States District Judge for the Western District of Washington, sitting by designation.

1129 1130 QUON v. ARCH WIRELESS

ORDER

Judges Pregerson, Wardlaw, and Leighton voted to deny Appellees’ petition for panel rehearing. Judges Pregerson and Wardlaw also voted to deny…