Health Freedom Defense Fund, Inc. v. Alberto Carvalho

127 F.4th 750

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 4, 2025
• Docket: 22-55908
• Status: Published

Opinion

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 4 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

HEALTH FREEDOM DEFENSE FUND, No. 22-55908 INC., a Wyoming Not-for-Profit Corporation; JEFFREY FUENTES; D.C. No. SANDRA GARCIA; HOVHANNES 2:21-cv-08688-DSF-PVC SAPONGHIAN; NORMA BRAMBILA; Central District of California, CALIFORNIA EDUCATORS FOR Los Angeles MEDICAL FREEDOM, ORDER Plaintiffs-Appellants,

v.

ALBERTO CARVALHO, in his official capacity as Superintendent of the Los Angeles United School District; ILEANA DAVALOS, in her official capacity as Chief Human Resources Officer for the Los Angeles School District; GEORGE MCKENNA; MONICA GARCIA; SCOTT SCHMERELSON; NICK MELVOIN; JACKIE GOLDBERG; KELLY GONEZ; TANYA ORTIZ FRANKLIN, in their official capacities as members of the Los Angeles Unified School District governing board,

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 40(c) and Circuit Rule 40-3. The three-judge panel opinion is vacated.