FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 16 2016 FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

SARA LOWRY, No. 13-56141 Plaintiff-Appellant, D.C. No. 3:11-cv-00946-MMA-WMC v. Southern District of California, San Diego CITY OF SAN DIEGO, Defendant-Appellee. ORDER

THOMAS, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.