The panel has voted to deny the petition for rehearing.
An active judge requested, sua sponte, a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35.
Appellee's petition for rehearing is DENIED.
KOZINSKI, Circuit Judge, with whom T.G. NELSON, Circuit Judge, joins with respect to Parts I, II, IV, V and VI, and SILVERMAN...
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