ORDER
The parties' joint motion to vacate unpublished memorandum disposition filed on August 21, 2008, ___ Fed.Appx. ___, 2008 WL 3890501, is GRANTED.
The memorandum disposition filed August 21, 2008, is vacated, and the appeal is dismissed with prejudice.
The motion in the alternative, for extension of time to file petition for rehearing and petition for rehearing, is DENIED as moot.