FILED FOR PUBLICATION JUN 11 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BIG LAGOON RANCHERIA, a Nos. 10-17803 federally recognized Indian tribe, 10-17878 Plaintiff - Appellee - Cross- D.C. No. 4:09-cv-01471-CW Appellant, v. ORDER STATE OF CALIFORNIA, Defendant - Appellant - Cross-Appellee.

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.

Judges Owens and Friedland did not participate in the deliberations or vote in this case.