
    Matt O’DEA, Plaintiff-Appellee, v. BNSF RAILWAY COMPANY, Defendant-Appellant, and Montana Department of Labor and Industry; Montana Human Rights Commission, Defendants.
    No. 08-35525.
    United States Court of Appeals, Ninth Circuit.
    Argued and Submitted Jan. 13, 2010.
    Filed Jan. 20, 2010.
    Brian C. Bramblett, Esquire, Terry Nicholas Trieweiler, Trieweiler Law Firm, Whitefish, MT, for Plaintiff-Appellee.
    Jeff Hedger, Hedger Friend PLLC, Billings, MT, Bryan P. Neal, Stephen F. Fink, Thompson & Knight, LLP, Dallas, TX, for Defendant-Appellant.
    Marieke Beck, Montana Department of Labor & Industry, Helena, MT, for Defendants.
    Before: KLEINFELD and TALLMAN, Circuit Judges, and SETTLE, District Judge.
    
      
       Honorable Benjamin Hale Settle, United States District Judge for the Western District of Washington, sitting by designation.
    
   ORDER

We lack jurisdiction over an appeal from a remand order entered due to a lack of subject matter jurisdiction. See 28 U.S.C. § 1447; Carlsbad Tech. Inc. v. HIF Bio, Inc., — U.S. -, 129 S.Ct. 1862, 1865-66, 173 L.Ed.2d 843 (2009). Costs on appeal are awarded to Appellee. See Fed. R.App. P. 39.

DISMISSED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
     