FILED

OCT 12 2007

FOR PUBLICATION

UNITED STATES COURT OF APPEALS CATHY A. CATTERSON, CLERK

FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS

FAIR HOUSING COUNCIL OF SAN No. 04-56916

FERNANDO VALLEY; THE FAIR

HOUSING COUNCIL OF SAN DIEGO, D.C. No. CV-03-09386-PA

individually and on behalf of the

GENERAL PUBLIC,

Plaintiffs - Appellants,

v.

ROOMMATES.COM, LLC,

Defendant - Appellee.

FAIR HOUSING COUNCIL OF SAN No. 04-57173

FERNANDO VALLEY; THE FAIR

HOUSING COUNCIL OF SAN DIEGO, D.C. No. CV-03-09386-PA

individually and on behalf of the

GENERAL PUBLIC,

ORDER

Plaintiffs - Appellees,

v.

ROOMMATE.COM, LLC,

Defendant - Appellant.

Before: SCHROEDER, Chief Judge.

1

court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.

1 Judge Pregerson is recused.

2