Matthew Kilgore v. Keybank, National Association

Opinion

FILED FOR PUBLICATION SEP 21 2012

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

MATTHEW C. KILGORE, individually No. 09-16703 and on behalf of all others similarly situated; WILLIAM BRUCE FULLER, D.C. No. 3:08-cv-02958-TEH individually and on behalf of all others similarly situated,

Plaintiffs - Appellees, ORDER

v.

KEYBANK, NATIONAL ASSOCIATION, successor in interest to KeyBank USA, N.A.; KEY EDUCATION RESOURCES, a division of KeyBank National Association; GREAT LAKES EDUCATION LOAN SERVICES, INC., a Wisconsin corporation,

Defendants - Appellants. MATTHEW C. KILGORE, individually No. 10-15934 and on behalf of all others similarly situated; WILLIAM BRUCE FULLER, D.C. No. 3:08-cv-02958-TEH individually and on behalf of all others similarly situated,

Plaintiffs - Appellants,

KEYBANK, NATIONAL ASSOCIATION, successor in interest to KeyBank USA, N.A.; KEY EDUCATION RESOURCES, a division of KeyBank National Association; GREAT LAKES EDUCATION LOAN SERVICES, INC., a Wisconsin corporation,

Defendants - Appellees.

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that

this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)

and Ninth Circuit Rule 35-3. The three-judge panel opinion shall not be cited as

precedent by or to any court of the Ninth Circuit.