FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT LARRY MONTZ; DAENA SMOLLER,  Plaintiffs-Appellants, No. 08-56954 v. D.C. No. PILGRIM FILMS & TELEVISION, INC.;  2:06-cv-07174- NBC UNIVERSAL, INC.; CRAIG FMC-MAN PILIGIAN; JASON CONRAD HAWES; UNIVERSAL TELEVISION NETWORKS, ORDER Defendants-Appellees.  Filed September 30, 2010

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.

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