IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED January 14, 2009 No. 08-30348 Charles R. Fulbruge III Clerk RENT-A-CENTER INC Plaintiff-Appellant v. DANIELLE BARKER Defendant-Appellee

Appeal from the United States District Court Western District of Louisiana

Before JOLLY, DAVIS, and DeMOSS, Circuit Judges.

PER CURIAM:* We VACATE the judgment of the district court and REMAND for reconsideration in light of the Supreme Court’s decision in Hall Street Associates, L.L.C. v. Mattel, Inc., 128 S.Ct. 1396 (2008).

VACATED AND REMANDED

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.