DOE v. SAN DIEGO UNIFIED SCHOOL DIST.

No. 21-56259.

22 F.4th 1099 (2022)

John DOE, an individual; Jane Doe, individually and as parent and next friend of Jill Doe, a minor child; Jill Doe, a minor child, by and through her next friend, Jane Doe, Plaintiffs-Appellants, v. SAN DIEGO UNIFIED SCHOOL DISTRICT; Richard Barrera, in his official capacity as Board President; Sharon Whitehurst-Payne, in her official capacity as Board Vice President; Michael McQuary, in his official capacity as Board member; Kevin Beiser, in his official capacity as Board member; Sabrina Bazzo, in her official capacity as Board member; Lamont Jackson, in his official capacity as Interim Superintendent, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

FILED January 14, 2022.


Attorney(s) appearing for the Case

Charles S. LiMandri , Paul M. Jonna , Mark D. Myers , and Jeffrey M. Trissell , LiMandri & Jonna LLP, Rancho Santa Fe, California; Thomas Brejcha , Peter Breen , and Christopher A. Ferrara , Thomas More Society, Chicago, Illinois; for Plaintiffs-Appellants.

Mark Bresee , Amy Estrada , and Alyssa Ruiz de Esparza , Atkinson Andelson Loya Ruud & Romo, La Jolla, California, for Defendants-Appellees.

Dissent by Judge Forrest


ORDER

The majority of the panel has voted to deny appellants' motion for reconsideration en banc. Judge Berzon and Judge Bennett have voted to deny the motion for reconsideration en banc. Judge Ikuta has voted to grant the motion for reconsideration en banc.

The full court has been advised of the motion for reconsideration en banc. A judge of the court requested a vote on en banc rehearing. The majority of the active judges have voted to deny rehearing the...

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