City of Oakland v. Wells Fargo & Company ( 2021 )

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 20 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CITY OF OAKLAND, A Municipal No. 19-15169 Corporation, D.C. No. 3:15-cv-04321-EMC Plaintiff-Appellee, Northern District of California, San Francisco v. ORDER WELLS FARGO & COMPANY; WELLS FARGO BANK, N.A., Defendants-Appellants. THOMAS, 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. Judges Christen, Watford, Owens, Friedland, Bennett, and Collins did not participate in the deliberations or vote in this case.