Ashley Popa, individually and on behalf of all others similarly situated v. HARRIET CARTER GIFTS, INC., a Pennsylvania corporation

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 21-2203
ASHLEY POPA,
individually and on behalf of all others similarly situated,
Appellant
v.
HARRIET CARTER GIFTS, INC., a Pennsylvania corporation;
NAVISTONE, INC., a Delaware corporation
Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. Civil Action No. 2-19-cv-00450)
District Judge: Honorable William S. Stickman, IV
SUR PETITION FOR REHEARING
____________________
Before: CHAGARES, Chief Judge, McKEE, AMBRO, JORDAN, HARDIMAN,
GREENAWAY, JR., SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY,
and FUENTES, Circuit Judges
The petition for panel rehearing filed by Appellee is granted in part. The panel has
determined that the original decision should be upheld but has revised the opinion to
clarify issues raised in appellee’s petition for rehearing. Accordingly, it is hereby
 Judge Fuentes’ vote is limited to panel rehearing only.

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ORDERED that the opinion filed on August 16, 2022, is hereby vacated and amended
opinion shall be filed simultaneously with this order. The revised opinion does not alter
the August 16, 2022, judgment.
The amended opinion has been circulated to the en banc court in accordance with
3d Cir. I.O.P. 9.5.7. The majority of the judges of the circuit in regular active service
having not voted for rehearing, the petition for rehearing en banc is denied.
By the Court,
s/ Thomas L. Ambro
Circuit Judge
Dated: October 18, 2022
Lmr/cc: All Counsel of Record

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