NOELLE LEE V. ROBERT FISHER, ET AL, No. 21-15923 (9th Cir. 2022)

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This opinion or order relates to an opinion or order originally issued on May 13, 2022.

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED OCT 24 2022 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS NOELLE LEE, derivatively on behalf of The No. 21-15923 Gap, Inc, D.C. No. 3:20-cv-06163-SK Plaintiff-Appellant, Northern District of California, San Francisco v. ORDER ROBERT J. FISHER; SONIA SYNGAL; ARTHUR PECK; AMY BOHUTINSKY; AMY MILES; ISABELLA D. GOREN; BOB L. MARTIN; CHRIS O'NEILL; ELIZABETH A. SMITH; JOHN J. FISHER; JORGE P. MONTOYA; MAYO A. SHATTUCK III; TRACY GARDNER; WILLIAM S. FISHER; DORIS F. FISHER; THE GAP, INC., Nominal Defendant, Defendants-Appellees. 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 35(a) and Circuit Rule 35-3. The three-judge panel opinion is vacated.

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