Adkins

MEMORANDUM **

This appeal is now submitted for decision. We vacate the district court judg *592 ment and remand this case to the district court for reconsideration in light of Abatie v. Alta Health & Life Insurance Co., 458 F.3d 955 (9th Cir.2006) (en banc). The parties are to bear their own costs on appeal.

VACATED and REMANDED.

This disposition is not appropriate for publication and may not be cited to or by the *592 courts of this circuit except as provided by 9th Cir. R. 36-3.