Cascade Health, et al v. Peacehealth

Filing 920080903

Opinion

FILED
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
SEP 03 2008
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS

CASCADE HEALTH SOLUTIONS FKA MCKENZIE-WILLIAMETTE HOSPITAL, an Oregon nonprofit corporation, Plaintiff - Appellant, v. PEACEHEALTH, a Washington State nonprofit corporation, Defendant - Appellee, and PACIFICSOURCE HEALTH PLANS, Defendant, REGENCE BLUECROSS BLUESHIELD OF OREGON; PROVIDENCE HEALTH PLAN; MCKENZIE-WILLIAMETTE REGIONAL MEDICAL CENTER ASSOCIATES, LLC, Defendant-Intervenors.

No. 05-35627 D.C. No. CV-02-06032-ALH District of Oregon, Portland

ORDER VACATING PRIOR ORDER CERTIFYING QUESTION TO THE SUPREME COURT OF OREGON, AND FOR ISSUANCE OF MANDATE

MCKENZIE-WILLAMETTE HOSPITAL,

No. 05-35640

Plaintiff - Appellee, v. PEACEHEALTH, a Washington State nonprofit corporation, Defendant - Appellant, and PACIFICSOURCE HEALTH PLANS, Defendant, REGENCE BLUECROSS BLUESHIELD OF OREGON; PROVIDENCE HEALTH PLAN; MCKENZIE-WILLIAMETTE REGIONAL MEDICAL CENTER ASSOCIATES, LLC, Defendant-Intervenors.

D.C. No. CV-02-06032-HA District of Oregon, Portland

MCKENZIE-WILLAMETTE HOSPITAL, Plaintiff - Appellee, v. PEACEHEALTH, a Washington State nonprofit corporation, Defendant - Appellant.

No. 05-36153 D.C. No. CV-02-06032-HA District of Oregon, Portland

MCKENZIE-WILLAMETTE HOSPITAL, an Oregon nonprofit corporation, Plaintiff - Appellant, v. PEACEHEALTH, Defendant - Appellee.

No. 05-36202 D.C. No. CV-02-06032-HA

Before: GOULD, PAEZ, and RAWLINSON, Circuit Judges.

On August 25, 2008, this Court was advised that the parties have resolved the dispute that gave rise to this appeal. In light of this resolution, the motion to vacate certification and for mandate is GRANTED. Our prior Order Certifying Question To The Supreme Court Of Oregon is hereby VACATED. The question certified to the Oregon Supreme Court shall be withdrawn and our clerk of court shall transmit a copy of this order to the Oregon Supreme Court with advice that we withdraw our certified question which is now moot in light of the parties' resolution of the appeal. Also, the clerk of our court is instructed to issue the mandate in this case.

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