FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DONALD SULLIVAN; DEANNA EVICH;  No. 06-56649 RICHARD BURKOW, D.C. No. Plaintiffs-Appellants, CV-05-00392-AHS v. Central District of ORACLE CORPORATION, a Delaware  California, corporation; ORACLE UNIVERSITY, Santa Ana form unknown, ORDER Defendants-Appellees. WITHDRAWING  OPINION

Filed February 17, 2009 Before: William A. Fletcher and Ronald M. Gould, Circuit Judges, and Louis H. Pollak,* Senior District Judge.

ORDER We have today issued an order requesting the California Supreme Court to answer three certified questions of Califor- nia law presented in this case. We hereby withdraw our pub- lished opinion in this case, Sullivan v. Oracle Corp., 547 F.3d 1177 (9th Cir. 2008), pending a decision by the California Supreme Court on those questions. Appellants’ Petition for Rehearing and Appellees’ Petition for Rehearing En Banc are dismissed as moot.

*The Honorable Louis H. Pollak, Senior United States District Judge for the Eastern District of Pennsylvania, sitting by designation.

1839 PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON REUTERS/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2009 Thomson Reuters/West.