Upon the vote of a majority of nonre-cused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion, In re Gruntz, No. 97-55379, slip op. at 4611, 177 F.3d 728 (9th Cir. May 19, 1999), is withdrawn.