Sullivan, et al v. Oracle Corporation, et al, No. 06-56649 (9th Cir. 2009)

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DONALD SULLIVAN; DEANNA EVICH; RICHARD BURKOW, Plaintiffs-Appellants, v. ORACLE CORPORATION, a Delaware corporation; ORACLE UNIVERSITY, form unknown, Defendants-Appellees. ï£¼ ï£½ ï£¾ No. 06-56649 D.C. No. CV-05-00392-AHS Central District of California, Santa Ana ORDER WITHDRAWING OPINION Filed February 17, 2009 Before: William A. Fletcher and Ronald M. Gould, Circuit Judges, and Louis H. Pollak,* Senior District Judge. ORDER We have today issued an order requesting the California Supreme Court to answer three certified questions of California law presented in this case. We hereby withdraw our published opinion in this case, Sullivan v. Oracle Corp., 547 F.3d 1177 (9th Cir. 2008), pending a decision by the California Supreme Court on those questions. Appellants Petition for Rehearing and Appellees Petition for Rehearing En Banc are dismissed as moot. *The Honorable Louis H. Pollak, Senior United States District Judge for the Eastern District of Pennsylvania, sitting by designation. 1839 PRINTED FOR ADMINISTRATIVE OFFICE U.S. COURTS BY THOMSON REUTERS/WEST SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2009 Thomson Reuters/West.

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