Opinion
No. 19-1314
05-15-2020
Rebecca FOSTER, Plaintiff-Appellant, v. The BOARD OF REGENTS OF the UNIVERSITY OF MICHIGAN; University of Michigan; Alison Davis-Blake, Defendants-Appellees.
Joshua Adam Engel, Engel & Martin, Mason, OH, for Plaintiff-Appellant Rebecca Foster, Pro Se Stephen Joseph Cowen, Andrew J. Clopton, Amanda Kelly Rice, Jones Day, Detroit, MI, Jacob Hogg, Brian M. Schwartz, Miller Canfield, Detroit, MI, for Defendants-Appellees Bryan Howard Beauman, Sturgill, Turner, Barker & Moloney, Lexington, KY, for Amici Curiae University of Dayton, Denison University, Eastern Kentucky University, Eastern Michigan University, University of Kentucky, Kentucky Community and Technical College System, Kenyon College, Michigan State University, Morehead State University, Oakland University, Oberlin College, Ohio Wesleyan University, University of Pikeville, Transylvania University, Vanderbilt University, Wayne State University
Joshua Adam Engel, Engel & Martin, Mason, OH, for Plaintiff-Appellant
Rebecca Foster, Pro Se
Stephen Joseph Cowen, Andrew J. Clopton, Amanda Kelly Rice, Jones Day, Detroit, MI, Jacob Hogg, Brian M. Schwartz, Miller Canfield, Detroit, MI, for Defendants-Appellees
Bryan Howard Beauman, Sturgill, Turner, Barker & Moloney, Lexington, KY, for Amici Curiae University of Dayton, Denison University, Eastern Kentucky University, Eastern Michigan University, University of Kentucky, Kentucky Community and Technical College System, Kenyon College, Michigan State University, Morehead State University, Oakland University, Oberlin College, Ohio Wesleyan University, University of Pikeville, Transylvania University, Vanderbilt University, Wayne State University
Before: COLE, Chief Judge; MOORE, CLAY, GIBBONS, SUTTON, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN, and NALBANDIAN, Circuit Judges.
Judge Readler and Judge Murphy recused themselves from participation in this decision.
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ORDER
A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows:
The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet 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.