FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DO SUNG UHM; EUN SOOK UHM, a
married couple, individually and
No. 06-35672
for all others similarly situated,
Plaintiffs-Appellants, D.C. No.
CV-06-00185-RSM
v.
Western District of
HUMANA INC., a Delaware Washington,
corporation; HUMANA HEALTH PLAN Seattle
INC., a Kentucky corporation doing
ORDER
business as Humana,
Defendants-Appellees.
Filed July 22, 2009
Before: Betty B. Fletcher, Richard A. Paez and
Marsha S. Berzon,* Circuit Judges.
ORDER
Appellees’ request for reconsideration shall be treated as a
petition for panel rehearing and is GRANTED. The opinion
filed on August 25, 2008 and reported at 540 F.3d 980 (9th
Cir. 2008) is WITHDRAWN and shall not be cited as prece-
dent. The petition for rehearing en banc is moot. The panel
will file a new disposition in due course.
*Due to the unavailability of Senior District Judge William Schwarzer,
Judge Berzon has been randomly drawn as a replacement judge.
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