The Supreme Court reversed the decision of this court in Abbott v. Abbott, — U.S. -, 130 S.Ct. 1983, 176 L.Ed.2d 789 (2010), and remanded for further proceedings consistent with its opinion. We, in turn, REMAND the case to the district court for further proceedings consistent with the opinion of the Court, including the consideration of the issues in Part IV of *149that opinion. We GRANT the motion to recall the mandate issued on October 8, 2008.