Federal Circuit disposition — 2010-m958-1-10-11-1-pdf

# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

IN RE KIMBERLY-CLARK WORLDWIDE, INC.,
Petitioner.

Miscellaneous Docket No. 958

On Petition for Writ of Mandamus to the United
States District Court for the Middle District of Pennsyl-
vania in case no. 09-CV-1685, Judge William W. Caldwell.

ON PETITION

Before GAJARSA, FRIEDMAN, and MOORE, Circuit Judges.
GAJARSA, Circuit Judge.

## ORDER

Kimberly-Clark Worldwide, Inc. (Kimberly-Clark) pe-
titions for a writ of mandamus to direct the United States
District Court for the Middle District of Pennsylvania to
vacate its orders granting First Quality Baby Products,
LLC (First Quality)'s motion to compel discovery. First
Quality opposes. Kimberly-Clark replies.

<!-- PageBreak -->

<!-- PageHeader="IN RE KIMBERLY-CLARK" -->

This petition for a writ of mandamus was filed simul-
taneously with Kimberly-Clark's 28 U.S.C. § 1292(b)
petition. Because we agreed to hear Kimberly-Clark's
interlocutory appeal under § 1292(b), we deny this peti-
tion for a writ of mandamus.

Accordingly,

IT IS ORDERED THAT:

Kimberly-Clark's petition for a writ of mandamus is
denied.

FOR THE COURT

JAN 10 2011

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Constantine L. Trela, Jr., Esq.
D. Michael Underhill, Esq.

s19

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JAN 10 2011

JAN HORBALY
CLERK