Upon consideration of appellants’ petition for rehearing en banc, the response thereto, and the vote in favor of the petition by a majority of the judges eligible to participate, it is

ORDERED that the petition be granted. The case will be reheard by the court sitting en banc. It is

FURTHER ORDERED that the court’s March 27, 2009 judgment be vacated. It is

FURTHER ORDERED that oral argument before the en banc court will be heard at 9:30 a.m. on Wednesday, December 16, 2009. It is

FURTHER ORDERED that the parties submit 20 copies each of briefs and the appendix in accordance with the following schedule:

Brief for Appellants September 21, 2009 Appendix September 21, 2009 Brief for Appellee October 21, 2009

Reply Brief for Appellant November 4, 2009

United States Court of Appeals

F OR T HE D ISTRICT OF C OLUMBIA C IRCUIT

____________ No. 07-5174 September Term 2008

Because the briefing schedule is keyed to the date of argument, the court will grant requests for extension of time limits only for extraordinarily compelling reasons. All briefs and appendices must contain the date that the case is scheduled for oral argument at the top of the cover. See D.C. Cir. Rule 28(a)(8).

Per Curiam

FOR THE COURT: Mark J. Langer, Clerk BY: /s/ Michael C. McGrail Deputy Clerk Page 2