NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT JAN 08 2010 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS UNITED STATES OF AMERICA, ex rel. No. 08-16223 UNITE HERE, D.C. No. 3:06-cv-02413-PJH Plaintiff - Appellant, ORDER v. CINTAS CORPORATION, Defendant - Appellee, Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, District Judge, Presiding Argued and Submitted November 3, 2009 San Francisco, California Before: GOODWIN and W. FLETCHER, Circuit Judges, and MILLS, * District Judge. The joint stipulated motion of relator UNITE HERE and Cintas Corporation to voluntarily dismiss the appeal under Federal Rule of Appellate Procedure 42(b) * The Honorable, Richard Mills, Senior United States District Judge for the Central District of Illinois, sitting by designation. because of settlement in this qui tam action is GRANTED. Each party will bear its own costs and fees. The motion of Workers United to intervene in this action is DENIED as moot. The motion of Cintas Corporation for leave to file a sur-reply memorandum is DENIED as moot. This case is CLOSED.