Payne

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

WINDY PAYNE, individually and as  guardian on behalf of; D.P., a minor child, Plaintiffs-Appellants, v. No. 07-35115 PENINSULA SCHOOL DISTRICT, a municipal corporation; ARTONDALE  D.C. No.

CV-05-05780-RBL

ELEMENTARY SCHOOL, a municipal corporation; JODI COY, in her ORDER individual and official capacity; JAMES COOLICAN, in his individual and official capacity; JANE DOES 1- 10; JOHN DOES 1-10, Defendants-Appellees.  Filed September 7, 2010

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

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