The opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DONALD SULLIVAN; DEANNA EVICH; No. 06-56649
RICHARD BURKOW, D.C. No.
Plaintiffs-Appellants, CV-05-00392-AHS
v. Central District of
ORACLE CORPORATION, a Delaware California,
corporation; ORACLE UNIVERSITY, Santa Ana
form unknown, ORDER
Defendants-Appellees. 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 Califor-
nia law presented in this case. We hereby withdraw our pub-
lished 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.
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