Movsesian v. Victoria Versicherung Ag

                                                                FILED
                             FOR PUBLICATION                     NOV 07 2011

                                                             MOLLY C. DWYER, CLERK
                 UNITED STATES COURT OF APPEALS               U .S. C O U R T OF APPE ALS




                          FOR THE NINTH CIRCUIT



VAZKEN MOVSESIAN; HARRY                   No. 07-56722
ARZOUMANIAN; GARO AYALTIN;
MIRAN KHAGERIAN; ARA                      D.C. No. CV-03-09407-CAS-JWJ
KHAJERIAN, individually and on
behalf of all others similarly situated
including thousands of senior citizens,   ORDER
disabled persons and orphans as well as
on behalf of the general public and
acting in the public interest,

            Plaintiffs - Appellees,

 v.

VICTORIA VERSICHERUNG AG, a
German corporation; ERGO
VERSICHERUNGSGRUPPE AG, a
German corporation,

            Defendants,

 and

MUNCHENER
RUCKVERSICHERUNGS-
GESELLSCHAFT
AKTIENGESELLSCHAFT AG, a
German corporation,

            Defendant - Appellant.
                                                                               Page 2

KOZINSKI, Chief Judge:

      Upon the vote of a majority of nonrecused active judges, it is ordered that

this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel

opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

      Judge Bybee did not participate in the deliberations or vote in this case.