Retail Digital Network v. Jacob Appelsmith

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.