Yonemoto

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RONALD M. YONEMOTO,  No. 10-15180 Plaintiff-Appellant, D.C. No. v.  1:06-cv-00378-BMK

DEPARTMENT OF VETERANS AFFAIRS, ORDER AND

Defendant-Appellee. AMENDED  OPINION

Appeal from the United States District Court for the District of Hawaii Barry M. Kurren, Magistrate Judge, Presiding

Argued and Submitted February 15, 2011—Honolulu, Hawaii

Filed August 17, 2011 Amended January 18, 2012

Before: A. Wallace Tashima, William A. Fletcher, and Marsha S. Berzon, Circuit Judges.

Opinion by Judge Berzon COUNSEL

Peter Van Name Esser of the Law Offices of Peter Van Name Esser, Honolulu, Hawaii, for plaintiff-appellant Ronald M. Yonemoto.

Charles W. Scarborough and Leonard Schaitman of the Civil Division of the Department of Justice, Washington, DC, for defendant-appellee Department of Veteran Affairs.

ORDER

The court sua sponte recalls the mandate issued on October 12, 2011. The opinion filed on August 17, 2011, and reported at 648 F.3d 1049, is hereby amended. The amended opinion is filed concurrently with this order.…