ORDER
The joint motion to withdraw certification to the New York State Court of Appeals and to dismiss the appeal (Dkt. No. 38) is GRANTED.
We WITHDRAW CERTIFICATION and DISMISS the appeal.
The clerk of our court is hereby ordered to transmit forthwith to the New York Court of Appeals, under official seal of the United States Court of Appeals for the Ninth Circuit, a copy of this order. A copy of this order served on the district court shall act as and for the mandate of this court.