FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FAIR HOUSING COUNCIL OF SAN FERNANDO VALLEY; THE FAIR HOUSING COUNCIL OF SAN DIEGO, individually and on behalf of the No. 04-56916 GENERAL PUBLIC, Plaintiffs-Appellants, D.C. No. CV-03-09386-PA v. ROOMMATES.COM, LLC, Defendant-Appellee. FAIR HOUSING COUNCIL OF SAN FERNANDO VALLEY; THE FAIR HOUSING COUNCIL OF SAN DIEGO, No. 04-57173 individually and on behalf of the GENERAL PUBLIC, Plaintiffs-Appellees, D.C. No. CV-03-09386-PA v. ORDER ROOMMATE.COM, LLC, Defendant-Appellant. Filed October 12, 2007 Before: Mary M. Schroeder, Chief Judge. 14073 14074 FAIR HOUSING COUNCIL v. ROOMMATES.COM ORDER Upon the vote of a majority of nonrecused regular active judges of this court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three- judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court. 1 Judge Pregerson is recused. PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2007 Thomson/West.