Opinion
No. 20-CV-0318
01-23-2024
Morgan BANKS, et al., Appellants, v. David H. HOFFMAN, et al., Appellees.
2017-CA-005989-B
BEFORE: Blackburne-Rigsby,* Chief Judge, Beckwith, Easterly, Deahl, Howard,* and Shanker, Associate Judges, and Thompson,* Senior Judge.
Associate Judge McLeese did not participate in this case.
ORDER
PER CURIAM
On consideration of appellees’ petitions for rehearing or rehearing en banc, appellant’s opposition to appellees’ petitions, and amici curiae briefs in support of appellees’ petitions; and it appearing that a majority of the judges of this court has voted to grant the petitions for rehearing en banc, it is
ORDERED by the merits division* that appellees’ petitions for rehearing are denied. It is
FURTHER ORDERED that appellees’ petitions for rehearing en banc are granted and that the opinion and judgment of September 7, 2023, are hereby vacated. It is
FURTHER ORDERED that the Clerk shall schedule this matter for argument before the court sitting en banc as soon as the calendar permits. It is
FURTHER ORDERED that appellant shall file a brief within 30 days from the date of this order; appellee shall file a responsive brief within 30 days after the filing of appellant’s opening brief; and any reply brief shall be filed within 21 days thereafter. Any amicus brief shall be filed within 7 days of the opening brief of the party it supports. These new briefs shall be specifically designed for consideration by and addressed to the en banc court and shall supersede all briefs previously filed in this appeal.