FILED NOT FOR PUBLICATION APR 11 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

ROBERT M. NELSON and WILLIAM No. 07-56424 BRUCE BRANERDT,; et al., D.C. No. CV-07-05669-ODW Plaintiffs - Appellants, Central District of California, Los Angeles v. NATIONAL AERONAUTICS AND ORDER* SPACE ADMINISTRATION, an Agency of the United States; et al., Defendants - Appellees.

Before: RYMER and WARDLAW, Circuit Judges, and REED, Senior District Judge.** We remand to the district court for further proceedings consistent with the United States Supreme Court’s decision in NASA v. Nelson, 131 S. Ct. 746 (2011).

IT IS SO ORDERED.

*This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

** The Honorable Edward C. Reed, Jr., Senior District Judge for the U.S. District Court for Nevada, Reno, sitting by designation.