ORDER
Judge R. Nelson and Judge Bade voted to deny the petition for panel rehearing and the petition for rehearing en banc. Judge Berzon voted to grant the petition for panel rehearing and recommended granting the petition for 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. Fed. R. App. P. 35(a). Appellants petition for panel rehearing or rehearing en banc, Dkt. 53, is DENIED.