FILED FOR PUBLICATION DEC 19 2011

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RETIRED EMPLOYEES ASSOCIATION No. 09-56026 OF ORANGE COUNTY, INC., D.C. No. 8:07-cv-01301-AG-MLG Plaintiff - Appellant, Central District of California, Santa Ana v.

COUNTY OF ORANGE, ORDER

Defendant - Appellee.

Appeal from the United States District Court for the Central District of California Andrew J. Guilford, District Judge, Presiding

Argued and Submitted June 10, 2010 Pasadena, California Submission withdrawn June 29, 2010 Resubmitted December 16, 2011

Before: TROTT and W. FLETCHER, Circuit Judges, and MAHAN, District Judge.*

PER CURIAM

* The Honorable James C. Mahan, District Judge for the U.S. District Court for Nevada, sitting by designation. This court has now received an answer from the California Supreme Court

to the question certified to that court. See Retired Employees Assoc. of Orange

County v. County of Orange, 52 Cal.4th 1171 (2011). We remand this case to the

district court for further proceedings consistent with the answer provided by the

California Supreme Court.

In light of the nature of the dispute in this case, and in light of the delay that

has already taken place, we encourage the district court to act promptly. In the

event of another appeal, this panel will retain jurisdiction and will give scheduling

priority to the appeal.

So ordered.

REMANDED.

2 COUNSEL

Michael P. Brown, Moscone, Emblidge & Quadra, LLP, San Francisco, California, for the Plaintiff-Appellant.

Arthur Anthony Hartinger, Meyers, Nave, Riback, Silver & Wilson, Oakland, California, for the Defendant-Appellee.

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