[CX_CLEANUP] - Fix `test_with_failures`

[jparr721]

What is this task and why do we need to work on it?

The test test_with_failures is currently failing in CI.

What work will need to be done to complete this task?

No response

Are there any other details to include?

No response

What are the acceptance criteria to close this issue?

The test passes.

Branch work will be merged to (if not the default branch)

No response