Jerilyn QUON; April Florio; Jeff Quon; Steve Trujillo, Plaintiffs-Appellants, v. ARCH WIRELESS OPERATING COMPANY, INCORPORATED, a Delaware corporation; City of Ontario, a municipal corporation; Lloyd Scharf, individually and as Chief of Ontario Police Department; Ontario Police Department; Debbie Glenn, individually and as a Sergeant of Ontario Police Department, Defendants-Appellees, 554 F.3d 769

Order; Concurrence by Judge WARDLAW; Dissent by Judge IKUTA. ORDER Judges Pregerson, Wardlaw, and Leigh-ton voted to deny Appellees’ petition for panel rehearing. Judges Pregerson and Wardlaw also voted to deny Appellees’ petition for rehearing en banc, and Judge Leighton so recommended. The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc reconsideration. Fed. R.App. P. 35. Judge Bybee was re-cused. The petition for rehearing en banc is denied.