Kevin MARILLEY; Salvatore Papetti; Savior Papetti, on behalf of themselves and similarly situated, Plaintiffs-Appellees, v. Charlton H. BONHAM, in his official capacity as Director of the California Department of Fish and Game, Defendant-Appellant

D.C. No. 4:11-cv-02418-DMR.

ORDER

THOMAS, Chief Judge:

Upon the vote of a majority of nonre-cused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.