FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT BINYAM MOHAMED; ABOU ELKASSIM  BRITEL; AHMED AGIZA; MOHAMED FARAG AHMAD BASHMILAH; BISHER AL-RAWI, No. 08-15693 Plaintiffs-Appellants, v.  D.C. No. 5:07-CV-02798-JW JEPPESEN DATAPLAN, INC., ORDER Defendant-Appellee, UNITED STATES OF AMERICA, Intervenor-Appellee.  Filed October 27, 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.

Judges Reinhardt, McKeown, Gould, Bybee, Milan D.

Smith, Jr. and Ikuta did not participate in the deliberations or vote in this case.

14743 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.