FOR PUBLICATION                             FILED
                   UNITED STATES COURT OF APPEALS                          DEC 12 2024
                                                                       MOLLY C. DWYER, CLERK
                                                                        U.S. COURT OF APPEALS
                          FOR THE NINTH CIRCUIT

PAUL W. PARKER, as Personal                     No.    22-35695
Representative of the Estate of Curtis John
Rookaird,                                       D.C. No. 2:14-cv-00176-RAJ
                                                Western District of Washington,
                Plaintiff-Appellant,            Seattle

 v.                                             ORDER

BNSF RAILWAY COMPANY, a Delaware
corporation,

                Defendant-Appellee.



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 40(c)

and Circuit Rule 40-3. The three-judge panel opinion is vacated.

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