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.