Retail Digital Network, LLC v. Jacob Smith

Filing

Filed Order for PUBLICATION (SIDNEY R. THOMAS, Chief Judge) Upon the vote of a majority of nonrecused 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. Judge Owens did not participate in the deliberations or vote in this case. [10199784]--[COURT UPDATE: Replaced PDF of order. Edit made to order. 11/16/2016 by RY]

Case: 13-56069, 11/16/2016, ID: 10199784, DktEntry: 72, Page 1 of 1

FOR PUBLICATION

FILED

UNITED STATES COURT OF APPEALS

NOV 16 2016

FOR THE NINTH CIRCUIT

RETAIL DIGITAL NETWORK, LLC,
Plaintiff-Appellant,
v.
TIMOTHY GORSUCH, as Director of
the California Department of Alcoholic
Beverage Control,

No.

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

13-56069

D.C. No.
2:11-cv-09065-CBM-PJW
Central District of California,
Los Angeles

ORDER

Defendant-Appellee.

THOMAS, Chief Judge:
Upon the vote of a majority of nonrecused 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.