FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 16 2016

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

RETAIL DIGITAL NETWORK, LLC, No. 13-56069

Plaintiff-Appellant, D.C. No. 2:11-cv-09065-CBM-PJW v. Central District of California, Los Angeles TIMOTHY GORSUCH, as Director of the California Department of Alcoholic Beverage Control, ORDER

Defendant-Appellee.

THOMAS, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that

this case be heard en banc pursuant to Federal Rule of Appellate Procedure 35(a)

and Circuit Rule 35-3.

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