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LANE v. FACEBOOK, INC.

Nos. 10-16380, 10-16398.

709 F.3d 791 (2013)

Sean LANE; Mohannaed Sheikha; Sean Martin; Ali Sammour; Mohammaed Zidan; Sara Karrow; Colby Henson; Denton Hunker; Firas Sheikha; Hassen Sheikha; Linda Stewart; Tina Tran; Matthew Smith; Erica Parnell; John Conway; Phillip Huerta; Alicia Hunker; Megan Lynn Hancock, a minor, by and through her parent Rebecca Holey; Austin Muhs; Catherine Harris; Mario Herrera; Maryam Hosseiny, individually and on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. FACEBOOK, INC., a Delaware corporation; Blockbuster, Inc., a Delaware corporation; Fandango, Inc., a Delaware corporation; Hotwire, Inc., a Delaware corporation; STA Travel, Inc., a Delaware corporation; Overstock.com, Inc., a Delaware corporation; Zappos.com, Inc., a Delaware corporation; Gamefly, Inc., a Delaware corporation, Defendants-Appellees, Ginger McCall, Class Member, Objector-Appellant. Sean Lane; Mohannaed Sheikha; Sean Martin, individually, and on behalf of themselves and all others similarly situated; Ali Sammour; Mohammaed Zidan; Sara Karrow; Colby Henson; Denton Hunker; Firas Sheikha; Hassen Sheikha; Linda Stewart; Tina Tran; Matthew Smith; Erica Parnell; John Conway; Phillip Huerta; Alicia Hunker; Megan Lynn Hancock, a minor, by and through her parent Rebecca Holey; Austin Muhs; Catherine Harris; Mario Herrera; Maryam Hosseiny, individually and on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Facebook, Inc., a Delaware corporation; Blockbuster, Inc., a Delaware corporation; Hotwire, Inc., a Delaware corporation; Fandango, Inc., a Delaware corporation; STA Travel, Inc., a Delaware corporation; Overstock.com, Inc., a Delaware corporation; Zappos.com, Inc., a Delaware corporation; Gamefly, Inc., a Delaware corporation, Defendants-Appellees, Megan Marek; Benjamin Trotter, Class Members, Objectors-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 26, 2013.

Attorney(s) appearing for the Case

Michael H. Page , Public Citizen Litigation Group, Washington, D.C.; Steven F. Helfand , Helfand Law Offices, San Francisco, CA, for Objectors-Appellants.

Scott A. Kamber , Kamber Law, LLC, New York, NY, for Plaintiffs-Appellees.

Michael G. Rhodes , Cooley LLP, San Francisco, CA, for Defendants-Appellees.

Order; Dissent to Order by Judge MILAN D. SMITH, JR.

ORDER

Judges Hug and W. Fletcher have voted to deny appellants' petitions for rehearing. Judge Kleinfeld has voted to grant the petitions for rehearing. Judge W. Fletcher has voted to deny the petitions for rehearing en banc and Judge Hug has so recommended. Judge Kleinfeld would grant the petitions for rehearing en banc.

The full court was advised of the petitions for rehearing en banc. A judge of the court requested a vote on en banc rehearing. The matter...

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