FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT LARRY MONTZ; DAENA SMOLLER, Plaintiffs-Appellants, No. 08-56954 v. D.C. No. PILGRIM FILMS & TELEVISION, INC.; 2:06-cv-07174- NBC UNIVERSAL, INC.; CRAIG FMC-MAN PILIGIAN; JASON CONRAD HAWES; UNIVERSAL TELEVISION NETWORKS, ORDER Defendants-Appellees. Filed September 30, 2010 ORDER KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. 16761