FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ALEXIS DEGELMANN and JOSEPH  No. 10-15222 LIN, on behalf of themselves and all those similarly situated, D.C. No. Plaintiffs-Appellants, 4:07-cv-03107-PJH v.  Northern District of California, ADVANCED MEDICAL OPTICS INC., a Oakland Delaware corporation,

ORDER

Defendant-Appellee.  Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, District Judge, Presiding

Argued and Submitted April 11, 2011—San Francisco, California

Filed October 30, 2012

Before: John T. Noonan and N. Randy Smith, Circuit Judges, and Raner C. Collins, District Judge.*

COUNSEL

Jahan C. Sagafi, San Francisco, California, for the plaintiffs- appellants.

Ben D. Whitwell, San Francisco, California, for the defendant-appellee.

*The Honorable Raner C. Collins, District Judge for the U.S. District Court for Arizona, sitting by designation.

13029 13030 DEGELMANN v. ADVANCED MEDICAL OPTICS

ORDER

Pursuant to Fed. R. App. P. 42(b), this appeal is hereby DISMISSED. Each party shall pay its own costs and fees of this appeal. A certified copy of this order served on the dis- trict court shall constitute the mandate. The prior panel opin- ion is VACATED.

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