No. 12-2087 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Nov 08, 2013 CITY OF PONTIAC RETIRED EMPLOYEES ASSOCIATION, ET AL., ) DEBORAH S. HUNT, Clerk ) Plaintiffs-Appellants, ) ) v. ) ) ORDER LOUIS SCHIMMEL, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY ) AS EMERGENCY MANAGER OF THE CITY OF PONTIAC, ET AL., ) ) Defendants-Appellees. ) ) ) )

BEFORE: BATCHELDER, Chief Judge; BOGGS, MOORE, COLE, CLAY, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, KETHLEDGE, WHITE, STRANCH, and DONALD, Circuit Judges.

A majority of the Judges of this Court in regular active service have voted for rehearing of this case en banc. Sixth Circuit Rule 35(b) provides as follows: “A decision to grant rehearing en banc vacates the previous opinion and judgment of the court, stays the mandate, and restores the case on the docket as a pending appeal” Accordingly, it is ORDERED, that the previous decision and judgment of this court is vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.

ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk