AD

ORDER

The Opinion filed April 6, 2011, and appearing at 636 F.3d 555 (9th Cir.2011), is withdrawn. Carver v. Lehman, 558 F.3d 869, 878-79 (9th Cir.2009) (a panel may withdraw an opinion sua sponte before the mandate issues). It may not be cited as precedent by or to this court or any district court of the Ninth Circuit. With the opinion withdrawn, the petition for rehearing en banc is moot. The parties may file a petition for rehearing and petition for rehearing en banc upon the filing of a new decision by the court.

The parties are ordered to submit supplemental briefs addressing the following issues and how they affect this case. The parties may, in their discretion, address other issues, but the court is primarily concerned with the issues enumerated below.

Defendant-Appellant shall file a supplemental brief not to exceed twenty pages within fourteen days from the date of this order. Plaintiffs-Appellees shall file a re sponsive brief not to exceed twenty pages within fourteen days from the date of the filing of Defendant-Appellant’s supplemental brief. Defendant-Appellant may also file an optional reply brief not to exceed ten pages within fourteen days after the responsive…