Following oral argument in this appeal, we entered a Limited Remand Order remanding this ease to the district court for the purpose of deciding whether this case is moot because of the October 6, 2008, amendment (effective after the action was filed) to the regulation at issue. The district court has now entered an order, consented to by all parties, finding the action moot. Accordingly, it is ordered, that the final judgment granting summary judgment on the merits in favor of the Defendants is vacated and the action is remanded to the district court with instructions to dismiss the action as moot.

JUDGMENT VACATED; REMANDED WITH INSTRUCTIONS. 1