In light of the district courts final order in Alabama Association of Realtors v. U.S. Department of Health and Human Services invalidating the CDCs “Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19,” 85 Fed. Reg. 55292 (Sept. 4, 2020), this appeal is moot. See No. 20-cv-3377, ––– F.Supp.3d ––––, 2021 WL 1779282 (D.D.C. May 5, 2021). We therefore GRANT the appellees motion to dismiss this case and, because this Courts mandate has not yet issued, VACATE our panel opinion. See Gipson v. Jefferson Cnty. Sheriffs Off., 649 F.3d 1274, 1275 (11th Cir. 2011).
BY THE COURT: