3d Cir. I.O.P. 8.3

8.3.1 The author, if an active or senior judge of this court, enters an order

granting panel rehearing if two members of the panel vote for panel

rehearing, and vacates the panel's opinion and the judgment entered

thereon. Otherwise, the author enters the order denying panel rehearing.

If the author is a visiting judge or justice, the ranking active judge of this

court on the panel majority receives responses to the petition,

communicates with the clerk, signs the necessary orders, and has all the

administrative responsibility set forth in this I.O.P. A senior judge of this

court who was the authoring judge handles all administrative

responsibility on matters on which that j udge has a vote but may choose

to request the ranking active judge on the panel majority to undertake such

administrative responsibility.

8.3.2 Any member of the panel may file an opinion sur denial of the petition for

panel rehearing and direct its publication. When the panel grants a petition

for rehearing and a petition for rehearing en banc is also pending, the judge

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who entered the order following panel rehearing notifies the active judges

of the disposition, and whether the petition for rehearing is moot or if any

further vote is required.