FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NARANJIBHAI PATEL; RAMILABEN No. 08-56567 PATEL, Plaintiffs-Appellants, D.C. No. 2:05-cv-01571- v. DSF-AJW CITY OF LOS ANGELES, a municipal corporation, ORDER Defendant-Appellee.

Filed February 13, 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.