FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 20 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

CITY OF OAKLAND, A Municipal No. 19-15169 Corporation, D.C. No. 3:15-cv-04321-EMC Plaintiff-Appellee, Northern District of California, San Francisco v. ORDER WELLS FARGO & COMPANY; WELLS FARGO BANK, N.A.,

Defendants-Appellants.

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 is vacated.

Judges Christen, Watford, Owens, Friedland, Bennett, and Collins did not

participate in the deliberations or vote in this case.