Retired Employees v County of Orange

FILED
FOR PUBLICATION DEC 19 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RETIRED EMPLOYEES ASSOCIATION No. 09-56026
OF ORANGE COUNTY, INC.,
D.C. No. 8:07-cv-01301-AG-MLG
Plaintiff - Appellant, Central District of California,
Santa Ana
v.
COUNTY OF ORANGE, ORDER
Defendant - Appellee.
Appeal from the United States District Court
for the Central District of California
Andrew J. Guilford, District Judge, Presiding
Argued and Submitted June 10, 2010
Pasadena, California
Submission withdrawn June 29, 2010
Resubmitted December 16, 2011
Before: TROTT and W. FLETCHER, Circuit Judges, and MAHAN,
District Judge.*
PER CURIAM
*
The Honorable James C. Mahan, District Judge for the U.S. District
Court for Nevada, sitting by designation.
This court has now received an answer from the California Supreme Court
to the question certified to that court. See Retired Employees Assoc. of Orange
County v. County of Orange, 52 Cal.4th 1171 (2011). We remand this case to the
district court for further proceedings consistent with the answer provided by the
California Supreme Court.
In light of the nature of the dispute in this case, and in light of the delay that
has already taken place, we encourage the district court to act promptly. In the
event of another appeal, this panel will retain jurisdiction and will give scheduling
priority to the appeal.
So ordered.
REMANDED.
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COUNSEL
Michael P. Brown, Moscone, Emblidge & Quadra, LLP, San Francisco, California,
for the Plaintiff-Appellant.
Arthur Anthony Hartinger, Meyers, Nave, Riback, Silver & Wilson, Oakland,
California, for the Defendant-Appellee.
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