ORDER
The Memorandum disposition filed December 22, 2008, is WITHDRAWN. The superseding Per Curiam Opinion shall be filed concurrently with this Order. The pending Order granting an extension of time to file a petition for rehearing and rehearing en banc is now moot. The parties may file petitions as to the Per Curiam Opinion for rehearing and rehearing en banc in accordance with the Federal Rules of Appellate Procedure.