Retail Digital Network v. Jacob Appelsmith

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.