*1 Before: BADE and BUMATAY, Circuit Judges, and SESSIONS, ^[**] District Judge.

After the district court’s consideration of this matter, the Supreme Court issued its decision in Pakdel v. City & County of San Francisco , 141 S. Ct. 2226 (2021). We vacate the district court’s order of dismissal and remand this case to *2 the district court for reevaluation in light of Pakdel . We DENY Appellant’s motions to take judicial notice (Dkt. Nos. 12, 43) and GRANT Pacific Legal Foundation’s motion to become amicus curiae (Dkt. No. 17). Each party to bear its own costs.

VACATED and REMANDED.

2

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The Honorable William K. Sessions III, United States District Judge for the District of Vermont, sitting by designation.