FILED FOR PUBLICATION NOV 10 2011

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

MICHAEL LACEY; JIM LARKIN; No. 09-15703 PHOENIX NEW TIMES, LLC, D.C. No. 2:08-cv-00997-SRB Plaintiffs - Appellants,

v. ORDER

MARICOPA COUNTY, a public entity; JOSEPH ARPAIO, Sheriff, and AVA ARPAIO, husband and wife; DENNIS WILENCHIK and BECKY BARTNESS, husband and wife; JOHN DOES I-X; JANE DOES I-X; BLACK CORPORATIONS, I-V; and WHITE PARTNERSHIPS, I-V,

Defendants - Appellees.

MICHAEL LACEY; JIM LARKIN; No. 09-15806 PHOENIX NEW TIMES, LLC, D.C. No. 2:08-cv-00997-SRB Plaintiffs - Appellees,

v.

JOSEPH M. ARPAIO, Sheriff and husband; AVA ARPAIO, wife; JOHN DOES I-X; JANE DOES I-X; BLACK CORPORATIONS, I-V; WHITE Page 2

PARTNERSHIPS, I-V; MARICOPA COUNTY ATTORNEY’S OFFICE, a public entity,

Defendants,

and

DENNIS WILENCHIK; BECKY BARTNESS, wife,

Defendants - Appellants.

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 Silverman and Murguia did not participate in the deliberations or

vote in this case.