ORDER
Judge Gould and Judge Berzon have voted to grant Plaintiffs-Appellants petition for rehearing and rehearing en banc, and Judge Christen has voted to deny the petition for rehearing and rehearing en banc.
The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. See Fed. R. App. P. 35. Judges Wardlaw, Collins, Bress, and Koh did not participate in the deliberations or vote in this case. The petition for rehearing and rehearing en banc (Dkt. 87, 88) is DENIED.
Judge Goulds dissent from the denial of rehearing en banc is filed concurrently with this order.
I respectfully dissent from denial of rehearing en banc for the reasons stated in my panel opinion dissenting in part in Gonzalez v. Google LLC, 2 F.4th 871, 918–52 (9th Cir. 2021).
Order;
Dissent by Judge Gould