FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 28 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

TODD YUKUTAKE; DAVID No. 21-16756 KIKUKAWA, D.C. No. Plaintiffs-Appellees, 1:19-cv-00578-JMS-RT District of Hawaii, v. Honolulu

ANNE E. LOPEZ, In her Official Capacity ORDER as the Attorney General of the State of Hawaii,

Defendant-Appellant,

and

CITY AND COUNTY OF HONOLULU,

Defendant.

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 Bennett did not participate in the deliberations or vote in this case.