FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ERIC BATES; BERT ENOS;  BABARANTI OLOYEDE; ERIC BUMBALA; EDWARD WILLIAMS, on behalf of themselves and all others No. 04-17295 similarly situated, Plaintiffs-Appellees,  D.C. No. CV-99-02216-TEH v. ORDER UNITED PARCEL SERVICE, INC., dba UPS, Defendant-Appellant.  Filed April 24, 2007 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. The three- judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.

Judge Wardlaw is recused.

4605 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 © 2007 Thomson/West.