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.