ORDER
Judge M. Smith has voted to deny Appellees petition for rehearing and petition for rehearing en banc. Judge Restani has voted to deny Appellees petition for rehearing and recommends denying the petition for rehearing en banc. Judge Wallace has voted to grant the petition for rehearing and recommends granting the petition for rehearing en banc.
The full court has been advised of the petition for rehearing en banc. A senior judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of votes of the non-recused active judges in favor of en banc consideration. See Fed. R. App. P. 35. Judges Bennett and Bress did not participate in the consideration of the petition for rehearing en banc.
The petition for rehearing and for rehearing en banc is DENIED.