FILED UNITED STATES COURT OF APPEALS MAY 07 2010 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT U .S. C O U R T OF APPE ALS

SIDNEY JACOBS, No. 09-15293 Plaintiff - Appellant, D.C. No. 2:08-cv-00636-RLH- LRL v. District of Nevada, Las Vegas MANDALAY CORP., DBA Mandalay Bay Resort and Casino, ORDER Defendant - Appellee.

Appeal from the United States District Court for the District of Nevada Roger L. Hunt, Chief District Judge, Presiding Argued and Submitted March 8, 2010 San Francisco, California Before: HALL, NOONAN and THOMAS, Circuit Judges.

Appellant waives this appeal. It is therefore DISMISSED. The parties shall bear their own costs.