Todd Yukutake v. Anne E. Lopez

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.