FILED NOT FOR PUBLICATION APR 14 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MELINDA FRIEND; et al., No. 08-16963 Plaintiffs - Appellees, D.C. No. 3:07-cv-05222-MMC v. Northern District of California, San Francisco THE HERTZ CORPORATION, Defendant - Appellant.

ORDER On Remand from the United States Supreme Court

Before: FERNANDEZ, CALLAHAN and IKUTA, Circuit Judges.

In light of the Supreme Court’s decision in Hertz v. Friend, 559 U.S. ___ (2010), the order of the district court granting plaintiff’s motion to remand is vacated, and the case is remanded for further proceedings consistent with Hertz.