Ojo

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PATRICK O. OJO, Attorney, on  behalf of himself and all others similarly situated, Plaintiff-Appellant, No. 06-55522 v. FARMERS GROUP, INC.; FIRE  D.C. No.

CV-05-05818-JFW

UNDERWRITERS ASSOCIATION; FIRE

INSURANCE EXCHANGE; FARMERS ORDER

UNDERWRITERS ASSOCIATION;

FARMERS INSURANCE EXCHANGE,

Defendants-Appellees.  Filed October 26, 2009

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 Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

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