FILED FOR PUBLICATION DEC 21 2007 CATHY A. CATTERSON, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT R. FOULON, No. 05-35383 Plaintiff - Appellant, D.C. No. CV-04-02555-JCC Western District of Washington, v. Seattle KLAYMAN & TOSKES PA, a foreign corporation, ORDER Defendant - Appellee.

KOZINSKI, Chief Judge.

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be heard en banc pursuant to Circuit Rule 35-3.