UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
February 17, 2009
DONALD SULLIVAN; DEANNA EVICH; RICHARD BURKOW, PLAINTIFFS-APPELLANTS,
ORACLE CORPORATION, A DELAWARE CORPORATION; ORACLE UNIVERSITY, FORM UNKNOWN, DEFENDANTS-APPELLEES.
Central District of California, Santa Ana. D.C. No. CV-05-00392-AHS.
ORDER WITHDRAWING OPINION
Before: William A. Fletcher and Ronald M. Gould, Circuit Judges, and Louis H. Pollak,*fn1 Senior District Judge.
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.