Klein

ORDER

By order of July 30, 2008, we certified a question to the California Supreme Court concerning the scope of immunity from suit provided by California Civil Code § 846, California’s recreational land use statute, namely whether that statute immunizes a landowner from liability for acts of vehicular negligence committed by the landowner’s employee in the course and scope of his employment that caused personal injury to a recreational user of that land. By opinion dated July 26, 2010, the California Supreme Court answered our question, concluding that the liability shield of § 846 “does not extend to acts of vehicular negligence by a landowner or by the landowner’s employee while acting within the course of the employment.” Klein v. United States, 50 Cal.4th 68 , 112 Cal.Rptr.3d 722 , 235 P.3d 42, 44 (2010).

We issued a supplemental order to the parties, indicating our intention to remand and asking them whether our panel should address other issues presented on appeal at this time. In response, we received a Joint Motion to Remand to the District Court. Although the parties’ joint motion asks us to specify the issues that the district court should address, we conclude it is…