FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JAMES ODOM,  Plaintiff-Appellant, No. 04-35468 v. MICROSOFT CORPORATION, a  D.C. No. CV-03-02976-MJP Washington corporation; BEST BUY ORDER CO., INC., a Minnesota corporation, Defendants-Appellees.  Filed September 28, 2006 Before: Mary M. Schroeder, Chief Judge.

ORDER Upon the vote of a majority of nonrecused regular active judges of this court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.

Judges Pregerson, McKeown, Wardlaw, Gould, Clifton, Smith, and Ikuta are recused.

17291 PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2006 Thomson/West.