Opinion
No. 29942
April 7, 2010.
CERTIFIED QUESTION FROM THE UNITED STATES OF APPEALS FOR THE NINTH CIRCUIT (CIV. NOS. 08-15369 08-15550)
Joe P. Moss, for plaintiff-appellant/cross appellee.
J. Patrick Gallagher, defendant-appellee/cross-appellant.
By: MOON, C.J., NAKAYAMA, ACOBA, DUFFY, RECKTENWALD, JJ.
ORDER OF DISMISSAL
Upon consideration of the "Stipulation for Dismissal with Prejudice of All Claims Against All Parties," submitted to this court on March 31, 2010, and the "Motion for Extension of Time to File Opening Brief and/or for Time to Obtain Withdrawal of Certified Question by Ninth Circuit," also submitted to this court on March 31, 2010, we accept the stipulation as a motion to dismiss the above-captioned certified question case and, based on the dismissal of the underlying matter by the Ninth Circuit (as evinced by Exhibit "D" attached to the motion for extension of time),
IT IS HEREBY ORDERED that the above-captioned matter is dismissed.