NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JAN 08 2010
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, ex rel. No. 08-16223
UNITE HERE,
D.C. No. 3:06-cv-02413-PJH
Plaintiff - Appellant,
ORDER
v.
CINTAS CORPORATION,
Defendant - Appellee,
Appeal from the United States District Court
for the Northern District of California
Phyllis J. Hamilton, District Judge, Presiding
Argued and Submitted November 3, 2009
San Francisco, California
Before: GOODWIN and W. FLETCHER, Circuit Judges, and MILLS, * District
Judge.
The joint stipulated motion of relator UNITE HERE and Cintas Corporation
to voluntarily dismiss the appeal under Federal Rule of Appellate Procedure 42(b)
*
The Honorable, Richard Mills, Senior United States District Judge for
the Central District of Illinois, sitting by designation.
because of settlement in this qui tam action is GRANTED. Each party will bear its
own costs and fees.
The motion of Workers United to intervene in this action is DENIED as
moot.
The motion of Cintas Corporation for leave to file a sur-reply memorandum
is DENIED as moot.
This case is CLOSED.