FILED FOR PUBLICATION SEP 03 2008 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

CASCADE HEALTH SOLUTIONS FKA No. 05-35627 MCKENZIE-WILLIAMETTE HOSPITAL, an Oregon nonprofit D.C. No. CV-02-06032-ALH corporation, District of Oregon, Portland Plaintiff - Appellant, v. ORDER VACATING PRIOR ORDER CERTIFYING PEACEHEALTH, a Washington State QUESTION TO THE SUPREME nonprofit corporation, COURT OF OREGON, AND FOR ISSUANCE OF MANDATE Defendant - Appellee, and PACIFICSOURCE HEALTH PLANS, Defendant, REGENCE BLUECROSS BLUESHIELD OF OREGON; PROVIDENCE HEALTH PLAN; MCKENZIE-WILLIAMETTE REGIONAL MEDICAL CENTER ASSOCIATES, LLC, Defendant-Intervenors.

MCKENZIE-WILLAMETTE No. 05-35640 HOSPITAL, Plaintiff - Appellee, D.C. No. CV-02-06032-HA District of Oregon, v. Portland PEACEHEALTH, a Washington State nonprofit corporation, Defendant - Appellant, and PACIFICSOURCE HEALTH PLANS, Defendant, REGENCE BLUECROSS BLUESHIELD OF OREGON; PROVIDENCE HEALTH PLAN; MCKENZIE-WILLIAMETTE REGIONAL MEDICAL CENTER ASSOCIATES, LLC, Defendant-Intervenors.

MCKENZIE-WILLAMETTE No. 05-36153 HOSPITAL, D.C. No. CV-02-06032-HA Plaintiff - Appellee, District of Oregon, Portland v. PEACEHEALTH, a Washington State nonprofit corporation, Defendant - Appellant.

MCKENZIE-WILLAMETTE No. 05-36202 HOSPITAL, an Oregon nonprofit corporation, D.C. No. CV-02-06032-HA Plaintiff - Appellant, v. PEACEHEALTH, Defendant - Appellee.

Before: GOULD, PAEZ, and RAWLINSON, Circuit Judges.

On August 25, 2008, this Court was advised that the parties have resolved the dispute that gave rise to this appeal. In light of this resolution, the motion to vacate certification and for mandate is GRANTED. Our prior Order Certifying Question To The Supreme Court Of Oregon is hereby VACATED. The question certified to the Oregon Supreme Court shall be withdrawn and our clerk of court shall transmit a copy of this order to the Oregon Supreme Court with advice that we withdraw our certified question which is now moot in light of the parties’ resolution of the appeal. Also, the clerk of our court is instructed to issue the mandate in this case. -4-