Aldf

FILED

FOR PUBLICATION

AUG 03 2016

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANIMAL LEGAL DEFENSE FUND, No. 13-17131

Plaintiff-Appellant, D.C. No. 3:12-cv-04376-EDL Northern District of California, v. San Francisco

U.S. FOOD & DRUG

ADMINISTRATION, ORDER

Defendant-Appellee.

THOMAS, 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.