James Lombardo v. Bruce Warner, in His Official Capacity as Director of the Oregon Department of Transportation

ORDER

After we took this case en banc, Lombardo v. Warner, 371 F.3d 538 (9th Cir.2004), and after oral argument before the en banc panel, we certified two questions to the Oregon Supreme Court, see Lombardo v. Warner, 391 F.3d 1008 (9th Cir.2004). On March 23, 2006, the Oregon Supreme Court addressed the certified questions in Lombardo v. Warner, 340 Or. 264, 132 P.3d 22 (2006). On the same day, the Oregon Supreme Court also issued a decision in Outdoor Media Dimensions, Inc. v. Department of Transportation, 340 Or. 275, 132 P.3d 5 (2006) (“Outdoor Media”). The remedy imposed in Outdoor Media…