ORDER
Following disposition of this appeal on December 9, 2013, an active judge of the Court requested a poll on whether to rehear the case en banc. A poll having been conducted and there being no majority favoring en banc review, rehearing en banc is hereby DENIED.
GERARD E. LYNCH, Circuit Judge, joined by REENA RAGGI, PETER W. HALL, and RAYMOND J. LOHIER, JR., Circuit Judges, dissents by opinion from the denial of rehearing en banc.