That was pretty easily shot down by the majority. I'm sure the Schindler lawyers filed their petition for en banc on time, and I expect the judges were all were ready to hear it as of the filing deadline. I expect an en banc decision soon.
FOX is saying that the Schindlers' attorneys did not file a petition for an en banc hearing and that it is going to the Supreme Court. Don't know if they're correct, however.
I think they went en banc because Kennedy is a certain "dead end".
So much for the law mandating denovo review, the feds have just applied an "abuse of discretion" standard.