*1 Present: SMITH, Chief Judge, McKEE, AMBRO, CHAGARES, JORDAN HARDIMAN, GREENAWAY, JR., VANASKIE, SHWARTZ, KRAUSE, RESTREPO, BIBAS, and FISHER ∗ , Circuit Judges A majority of the active judges having voted for rehearing en banc in the above captioned case, it is ordered that the petition for rehearing is GRANTED. The Clerk of this Court shall list the case for rehearing en banc at the convenience of the Court. The opinion and judgment entered October 18, 2017 are hereby vacated.

BY THE COURT, s/ D. Brooks Smith Chief Judge Dated: December 29, 2017

∗ Will participate as a member of the en banc court pursuant to 3d Cir. I.O.P. 9.6.4 . *2 tmm/cc: All Counsel of Record