Health Freedom Defense Fund, Inc. v. Alberto Carvalho

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. 2