REVISED

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED October 30, 2020 No. 19-10396 Lyle W. Cayce Clerk

Michelle Cochran,

Plaintiff—Appellant,

versus

Securities and Exchange Commission; Jay Clayton, in his official capacity as Chairman of the U.S. Securities and Exchange Commission; William P. Barr, U. S. Attorney General, in his Official Capacity as,

Defendants—Appellees.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:19-CV-66

ON PETITION FOR REHEARING EN BANC

(Opinion August 11, 2020, 5 Cir., 2020,

)

Before Owen, Chief Judge, and Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, and Wilson, Circuit Judges.1

1 Judge Ho is recused and did not participate in this decision. 19-10396

Per Curiam:

A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Cir.R. 41.3, the panel opinion in this case date August 11, 2020, is vacated.

2