FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MATTHEW C. KILGORE, individually  and on behalf of all others similarly situated; WILLIAM BRUCE FULLER, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. No. 09-16703 KEYBANK, NATIONAL ASSOCIATION,  D.C. No. successor in interest to KeyBank 3:08-cv-02958-TEH USA, N.A.; KEY EDUCATION RESOURCES, a division of KeyBank National Association; GREAT LAKES EDUCATION LOAN SERVICES, INC., a Wisconsin corporation, Defendants-Appellants. 

11857 11858 KILGORE v. KEYBANK, NAT’L ASS’N.

MATTHEW C. KILGORE, individually  and on behalf of all others similarly situated; WILLIAM BRUCE FULLER, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, No. 10-15934 v. KEYBANK, NATIONAL ASSOCIATION,  D.C. No. 3:08-cv-02958-TEH successor in interest to KeyBank ORDER USA, N.A.; KEY EDUCATION RESOURCES, a division of KeyBank National Association; GREAT LAKES EDUCATION LOAN SERVICES, INC., a Wisconsin corporation, Defendants-Appellees.  Filed September 21, 2012

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 Fed- eral Rule of Appellate Procedure 35(a) and Ninth Circuit Rule 35-3. The three-judge panel opinion shall not be cited as pre- cedent by or to any court of the Ninth Circuit.