FILED FOR PUBLICATION MAR 25 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

ESTATE OF HENRY BARABIN; No. 10-36142 GERALDINE BARABIN, personal representative, D.C. No. 2:07-cv-01454-RSL Plaintiffs - Appellees, ORDER v. ASTENJOHNSON, INC., Defendant - Appellant.

ESTATE OF HENRY BARABIN; No. 11-35020 GERALDINE BARABIN, D.C. No. 2:07-cv-01454-RSL Plaintiffs - Appellees, v. ASTENJOHNSON, INC., Defendant, and SCAPA DRYER FABRICS, INC., Defendant - Appellant.

Page 2 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.

Judge Christen did not participate in the deliberations or vote in this case.