Robert M. NELSON; et al., Plaintiffs-Appellants, v. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, an Agency of the United States; et al., Defendants-Appellees, 568 F.3d 1028

Order; Concurrence by Judge WARDLAW; Dissent by Judge CALLAHAN; Dissent by Judge KLEINFELD; Dissent by Chief Judge KOZINSKI. ORDER Judges Thompson, Wardlaw, and Reed voted to deny Appellees’ petition for panel rehearing. Judge Wardlaw voted to deny Appellees’ petition for rehearing en banc, and Judges Thompson and Reed 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. RApp. P. 35.

Judges O’Scannlain and Ikuta were recused. The petition for rehearing en banc is denied. IT IS SO ORDERED.