CRUZ v. Ferry County; City of Republic, a municipal corporation; Ray Maycumber, Ferry County Sheriff; Amy Rooker, Ferry County Chief Civil Deputy; Austin Hershaw, Police Officer at the Black Diamond Police Department; Patrick Rainer, Detective at the Ferry County Sheriffs Office, Defendants. (2023)

ORDER WITHDRAWING CERTIFIED QUESTION

ORDER

On April 28, 2023, we certified to the Washington Supreme Court a question relating to the proper scope of immunity provided by RCW 43.101.390. Dkt. No. 45. The Washington Supreme Court accepted the certified question on May 1, 2023. Dkt. No. 52. Thereafter, both the Washington Supreme Court and our court stayed proceedings while the parties engaged in mediation. Dkt. Nos. 55, 56.

On December 14, 2023, the parties filed a joint Stipulated Motion to Voluntarily Dismiss Appeal, Withdraw the Certified Question, and Remand for Dismissal. Dkt. No. 63. The Motion is hereby GRANTED.

Therefore, we now withdraw the prior certified question to the Washington Supreme Court. The matter is remanded for the district court to dismiss all claims against State Appellants. The Clerk of Court is ordered to transmit to the Washington Supreme Court, under official seal of the Ninth Circuit, this order. A copy of this order served on the district court shall act as and for the mandate of this court.

Each side shall bear their own costs.

It is so ORDERED.