FILED FOR PUBLICATION SEP 21 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

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

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

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