FILED UNITED STATES COURT OF APPEALS FEB 23 2010 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT U .S. C O U R T OF APPE ALS

OMNI HOME FINANCING, INC., A No. 08-56431 California Corporation; KEITH W.

MURPHY, An Individual; ANTHONY A. D.C. No. 3:06-cv-00921-IEG-JMA GAGLIONE, An Individual; DAVID A. Southern District of California, BANCROFT, An Individual; OMNI San Diego HOME FINANCING, INC. 412(I) DEFINED BENEFIT PLAN, An Employee Benefits Plan Under ERISA, ORDER Plaintiffs - Appellants, v. HARTFORD LIFE AND ANNUITY INSURANCE COMPANY, A Delaware Corporation; PAUL BANNOCK, An Individual, Defendants - Appellees.

Before: THOMAS and SILVERMAN, Circuit Judges, and BEISTLINE, * Chief District Judge.

Pursuant to stipulation by the parties, and for good cause shown, this case is dismissed with prejudice. Each party shall bear their respective costs and

* The Honorable Ralph R. Beistline, United States District Judge for the District of Alaska, sitting by designation. attorneys’ fees. A certified copy of this order sent to the district court shall constitute the mandate.