Order; Dissent by Judge FERGUSON.
ORDER
The panel has voted unanimously to deny the petition for rehearing. Judge O’Scannlain voted to deny the petition for rehearing en banc, and Judges Hug and Brunetti so recommended.
The full court was advised of the Suggestion for Rehearing En Banc. A judge of this court requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonreeused active judges in favor of en banc consideration.
The Petition and the Suggestion are thus DENIED.