
    RETAIL DIGITAL NETWORK, LLC, Plaintiff-Appellant, v. Timothy GORSUCH, as Director of the California Department of Alcoholic Beverage Control, Defendant-Appellee.
    No. 13-56069
    United States Court of Appeals, Ninth Circuit.
    FILED NOVEMBER 16, 2016
   ORDER

THOMAS, Chief Judge:

Upon the vote of a majority of nonre-cused 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. The three-judge panel opinion shall not be cited as precedent by or to any court of the-Ninth Circuit.

Judge Owens did not participate in the deliberations or vote in this case.  