FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 9 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MACKENZIE BROWN, a single woman, No. 20-15568 Plaintiff-Appellant, D.C. No. 2:17-cv-03536-GMS District of Arizona, v. Phoenix STATE OF ARIZONA; ARIZONA BOARD ORDER OF REGENTS, DBA University of Arizona, a constitutionally created body corporate, Defendants-Appellees, and RICHARD A. RODRIQUEZ; RITA RODRIQUEZ, Defendants, v. LIDA DEGROOTE, Third-party-plaintiff.

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.