FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 16 2016
FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
RETAIL DIGITAL NETWORK, LLC, No. 13-56069
Plaintiff-Appellant, D.C. No.
2:11-cv-09065-CBM-PJW
v. Central District of California,
Los Angeles
TIMOTHY GORSUCH, as Director of
the California Department of Alcoholic
Beverage Control, ORDER
Defendant-Appellee.
THOMAS, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that
this case be heard en banc pursuant to Federal Rule of Appellate Procedure 35(a)
and 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 Owens did not participate in the deliberations or vote in this case.