The motion is a nice effort, but it's a fair analysis that it isn't going to succeed. Such motions almost never do -- particularly the ones for en banc rehearing -- and there is nothing about this one that identifies the kind of objectively-clear error that would result in a rehearing by the panel, or the kind of super-important legal issue that might result in an en banc rehearing. IMHO, when you're asking for an en banc rehearing on anything other than something of super-important national significance that a member of the general public would think was important, you're just going through the motions in the hope that you win the lottery. It's a Hail Mary of significant order. It can't hurt, if you don't mind paying the legal fees, but it's not normally something you do with a rational expectation of success.