
    Kevin MARILLEY; Salvatore Papetti; Savior Papetti, on behalf of themselves and similarly situated, Plaintiffs-Appellees, v. Charlton H. BONHAM, in his official capacity as Director of the California Department of Fish and Game, Defendant-Appellant.
    No. 13-17358.
    United States Court of Appeals, Ninth Circuit.
    Feb. 26, 2016.
    Jared Morgan Galanis, Gross Law P.C., Todd Richard Gregorian, Fenwick & West LLP, San Francisco, CA, Stuart George Gross, Cotchett, Pitre & McCarthy, LLP, Burlingame, CA, for Plaintiffs-Appellees.
    Gary S. Alexander, Esquire, Office of the California Attorney General, San Francisco, CA, Margaret Elaine Mecken-stock, Office of the Attorney General, Oakland, CA, for Defendant-Appellant.
   D.C. No. 4:11-cv-02418-DMR.

ORDER

THOMAS, Chief Judge:

Upon the vote of a majority of nonre-cused 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.  