UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______ No. 15-2251 ______ FRANCIS X. CHENEY, II, Appellant v. DAILY NEWS L.P. ______ (D.C. No. 2-15-cv-01194) ______ Present: FISHER, CHAGARES and BARRY, Circuit Judges. ______ SUR PETITION FOR PANEL REHEARING ______

The petition for rehearing filed by Appellant, Francis X. Cheney, II in the above- entitled case having been submitted to the judges who participated in the decision of this Court, it is hereby ORDERED that the petition for rehearing by the panel is granted. The case will be listed for argument at the convenience of the panel.

BY THE COURT:

s/ D. Michael Fisher Circuit Judge Dated: March 22, 2016 CJG/cc: James G. Begley, III, Esq.

Michael L. Berry, Esq.

James P. Goslee, Esq.

Elizabeth Seidlin-Bernstein, Esq.