FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 6 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT KIMETRA BRICE; EARL BROWNE; JILL No. 19-15707 NOVOROT, D.C. No. 3:18-cv-01200-WHO Plaintiffs-Appellees, Northern District of California, San Francisco v. ORDER PLAIN GREEN, LLC, Defendant, and HAYNES INVESTMENTS, LLC; L.

STEPHEN HAYNES, Defendants-Appellants.

MURGUIA, 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.

Judge Koh did not participate in the deliberations or vote in this case.