FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

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

 ORDER

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Argued and Submitted June 10, 2010—Pasadena, California Submission withdrawn June 29, 2010 Resubmitted December 16, 2011

Filed December 19, 2011

Before: Stephen S. Trott and William A. Fletcher, Circuit Judges, and James C. Mahan, District Judge.*

*The Honorable James C. Mahan, District Judge for the U.S. District Court for Nevada, sitting by designation.

21213 21214 RETIRED EMPLOYEES v. COUNTY OF ORANGE 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.

ORDER

PER CURIAM:

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 pri- ority to the appeal.

So ordered.

REMANDED.