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.