¶1Mara Verheyden-Hillard (Andrea Hope Costello and Carl Messineo, on the brief), Partnership for Civil Justice Fund, Washington, DC, for Plaintiffs-Appellees.
¶2Ronald E. Sternberg, Assistant Corporation Counsel (Leonard Koerner and Arthur G. Larkin, Assistant Corporation Counsel, on the brief), for Zachary W. Carter, Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellants.
¶3Present: ROBERT A. KATZMANN, Chief Judge, and DENNIS JACOBS, GUIDO CALABRESI,* JOSÉ A CABRANES, ROSEMARY S. POOLER, REENA RAGGI, RICHARD C. WESLEY, PETER W. HALL DEBRA ANN LIVINGSTON, GERARD E. LYNCH, DENNY CHIN, RAYMOND J. LOHIER, JR., SUSAN L. CARNEY and CHRISTOPHER F. DRONEY, Circuit Judges.
¶5ORDER
¶6Following disposition of this appeal on August 21, 2014, an active judge of the Court requested a poll on whether to rehear the case in banc. A poll having been conducted and a majority of the active judges of the Court having voted in favor of rehearing this appeal in banc,
¶7IT IS HEREBY ORDERED that this, appeal be heard in banc. See 91 Fed. R.App. P. 35(a). The in banc panel will consist of the 92 active judges of the Court and (subject to his election) the U.S.C. § 46(c).
¶8The panel having recommended withdrawal of its opinions in this case, such withdrawal shall be noted on the docket by the Clerk of Court.
¶9A briefing schedule will follow in due course.