Smith et al v. Wal-Mart Stores, Inc.

Filing 456

MANDATE of USCA: That the parties' joint motion to voluntarily dismiss the appeal pursuant to FRAP Rule 42(b) is GRANTED, and the appeal is dismissed. Each party shall bear its own costs. USCA No. 08-16258 (jlm, COURT STAFF) (Filed on 6/16/2011)

Case: 08-16258 06/16/2011 Page: 1 of 1

ID: 7788607 DktEntry: 52

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DANTON BALLARD, individually and
on behalf of all others similarly situated;
NATHAN LYONS, individually and on
behalf of all others similarly situated;
BARRY SMITH, individually and on
behalf of all other similarly situated;
MICHAEL WIGGINS, individually and
on behalf of all others similarly situated,

FILED
JUN 16 2011

MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS

No. 08-16258
D.C. Nos. 4:06-CV-02069-SBA
4:06-CV-05411-SBA
Northern District of California,
Oakland

ORDER
Plaintiffs - Appellees,
v.
WAL-MART STORES, INC.,
Defendant - Appellant.

Before: RYMER and TASHIMA, Circuit Judges, and LEIGHTON, * District
Judge.

The parties’ joint motion to voluntarily dismiss this appeal pursuant to Rule
42(b) is GRANTED, and this appeal is dismissed. Each party shall bear its own
costs.
A copy of this order shall serve as the mandate of this court.

*

The Honorable Ronald B. Leighton, United States District Judge for
the Western District of Washington, sitting by designation.