
    CHULA VISTA CITIZENS FOR JOBS AND FAIR COMPETITION; Lori Kneebone; Larry Breitfelder; Associated Builders and Contractors of San Diego, Inc., Plaintiffs-Appellants, v. Donna NORRIS; Mayor Cheryl Cox; Pamela Bensoussan; Steve Castaneda; John McCann, in his official capacity as Member of the Chula Vista City Council; Rudy Ramirez, Jr., in his official Capacity as Member of the Chula Vista City Council, Defendants-Appellees, State of California, Intervenor-Defendant-Appellee.
    No. 12-55726.
    United States Court of Appeals, Ninth Circuit.
    Oct. 7, 2014.
    Charles Herbert Bell, Jr., Esquire, Bell, McAndrews and Hiltachk, Sacramento, CA, James Bopp, Jr., Esquire, Richard Eugene Coleson, Jeffrey Gallant, The Bopp Law Firm, Terre Haute, IN, Gary D. Leasure, Law Offices of Gary D. Leasure, San Diego, CA, for Plaintiffs-Appellants.
    Charles A. Bird, McKenna Long & Aldridge LLP, Edward Patrick Swan, Jr., Esquire, Jones Day, San Diego, CA, Bart Chase Miesfeld, City, Office of the City Attorney, Chula Vista, CA, for Defendants-Appellees.
    George Michael Waters, AGCA-Office of the California Attorney General, Sacramento, CA, for Intervenor-Defendant-Appellee.
   ORDER

THOMAS, Circuit Judge:

Upon the vote of a majority of nonrecused 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.

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