Gura's answer may very well tell us if the circuit will take the en banc route.
I kind of hope they will not rehear the case. This will force Madigan to file for cert (she will have nothing to lose at that point). If that happens, I suspect that the SCOTUS will hold Kachalsky and grant cert in Moore.
This may in fact be what Alan Gura wants.
Oh, and the date for response is the 23rd of Jan.