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by sthu11182 2717 days ago
You are somewhat close but a little confused on the meaning of en banc. From my brief scan of the link, the trial judge was Judge Alsup of the Northern District of California (San Francisco) which awarded fees. Judge Aslup reduced the fees. The case was appealed to the 9th circuit to a three judge panel on at least the fees issue (presumably other issues as well). The three judge panel (normal appellate practice) sided with Judge Alsup.

At that point, the only option legally to appeal the appellate court is to ask for an en banc hearing with all (or eleven judges pointed out below) the appellate court judges in the 9th circuit or go to the supreme court (which is unlikely for the issue). en banc is not necessarily a case or issue of extreme importance but another appeal mechanism and also a way for the appellate court to clarify a rule of law or reverse course on a rule of law. en banc happens often in the appellate courts.

Edit: I scanned the en banc opinion - it was purely about fees calculation stating "We reheard this appeal en banc to clarify the standards applicable to awards of attorneys’ fees under the EAJA."