FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

CAROL P. SACHS, No. 11-15458 Plaintiff-Appellant, D.C. No. v. 3:08-cv-01840- VRW REPUBLIC OF AUSTRIA ; OBB HOLDING GROUP; OBB PERSONENVERKEHR AG, ORDER Defendants-Appellees.

Filed January 25, 2013

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