FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PATRICK O. OJO, Attorney, on  behalf of himself and all others similarly situated, Plaintiff-Appellant, No. 06-55522 v. FARMERS GROUP, INC.; FIRE  D.C. No. CV-05-05818-JFW UNDERWRITERS ASSOCIATION; FIRE INSURANCE EXCHANGE; FARMERS ORDER UNDERWRITERS ASSOCIATION; FARMERS INSURANCE EXCHANGE, Defendants-Appellees.  Filed October 26, 2009

ORDER KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

14717 PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON REUTERS/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2009 Thomson Reuters/West.