FILED UNITED STATES COURT OF APPEALS FEB 11 2010 FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS

MAMTA PATEL-PURI No. 08-16633 Plaintiff-Appellant, D. C. No. 3:05-CV-455-MMC v. METROPOLITAN LIFE INSURANCE ORDER COMPANY, KAISER FOUNDATION HEALTH PLAN, INC., KAISER FOUNDATION HEALTH PLAN, INC. LONG TERM DISABILITY PLAN, Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Maxine M. Chesney, District Judge, Presiding Argued and Submitted October 6, 2009 San Francisco, California Before: SCHROEDER and BERZON, Circuit Judges, and STROM,* District Judge.

Pursuant to the stipulation of the parties, this appeal is voluntarily dismissed.

Fed. R. App. P. 42(b). The parties shall bear their own costs and attorneys’ fees on appeal.

* The Honorable Lyle E. Strom, Senior United States District Judge for the District of Nebraska, sitting by designation.