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PARENTS DEFENDING EDUCATION,
Plaintiff-Appellant,
v.
OLENTANGY LOCAL SCHOOL DISTRICT BOARD OF
EDUCATION; MARK T. RAIFF, in his official capacity as
Superintendent of Olentangy Local School District;
PETER STERN, in his official capacity as Olentangy’s
Assistant Director of Equity and Inclusion; RANDY
WRIGHT, in his official capacity as Olentangy’s Chief
of Administrative Services; KEVIN DABERKOW, in his
official capacity as a member of the Olentangy Board
of Education; BRANDON LESTER, in his official
capacity as a member of the Olentangy Board of
Education; KEVIN O’BRIEN, in his official capacity as
a member of the Olentangy Board of Education;
LIBBY WALLICK, in her official capacity as a member
of the Olentangy Board of Education; LAKESHA WYSE,
in her official capacity as a member of the Olentangy
Board of Education,
Defendants-Appellees |
No. 23-3630
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On Petition for Rehearing En Banc.
United States District Court for the Southern District of Ohio at Columbus.
No. 2:23-cv-01595—Algenon L. Marbley, District Judge.
Decided and Filed: November 1, 2024
Before: SUTTON, Chief Judge; MOORE, CLAY, GRIFFIN, KETHLEDGE,
STRANCH, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER,
MURPHY, DAVIS, MATHIS, BLOOMEKATZ, and RITZ, Circuit Judges.
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OPINION
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A majority of the Judges of this Court in regular active service has voted for rehearing en
banc of this case. Under Sixth Circuit Rule 35(b), “[a] decision to grant rehearing en banc
vacates the previous opinion and judgment of the court, stays the mandate, and restores the case
on the docket as a pending appeal.”
Accordingly, it is ORDERED that the previous decision and judgment of this court are
vacated, the mandate is stayed, and this case is restored to the docket as a pending appeal.
The Clerk will direct the parties to file supplemental briefs and will schedule this case for
oral argument as soon as possible.
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