Brandon Briskin v. Shopify, Inc.

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 14 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT BRANDON BRISKIN, on behalf of himself No. 22-15815 and those similarly situated, D.C. No. 4:21-cv-06269-PJH Plaintiff-Appellant, Northern District of California, Oakland v. ORDER SHOPIFY, INC.; SHOPIFY (USA), INC.; SHOPIFY PAYMENTS (USA), INC., 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. Judges Owens and Lee did not participate in the deliberations or vote in this case.