Cascade Health Solutions Fka Mckenzie-Williamette Hospital, an Oregon nonprofit… v. Peacehealth, a Washington State nonprofit corporation

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

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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

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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certified to the Oregon Supreme Court shall be withdrawn and our clerk of court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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