Fba Operating Co. v. ETN CAPITAL, LLC, dba Beech Lane, LLC

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
FBA OPERATING CO.,
Plaintiff-Appellant
v.
ETN CAPITAL, LLC, dba Beech Lane, LLC,
Defendant-Appellee
______________________
2025-1402
______________________
Appeal from the United States District Court for the
Eastern District of North Carolina in No. 5:23-cv-00505-D-
RN, Judge James C. Dever, III.
______________________
ON MOTION
______________________
Before TARANTO, CUNNINGHAM, and STARK, Circuit
Judges.
PER CURIAM.
O R D E R
Upon consideration of the parties’ joint notice of settle-
ment and motion to dismiss this appeal and remand for
ETN Capital, LLC to withdraw its motion for attorneys’
Case: 25-1402 Document: 18 Page: 1 Filed: 07/18/2025

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FBA OPERATING CO. v. ETN CAPITAL, LLC 2
fees and so the parties can move the district court to vacate
its decisions dismissing the first and second complaints,
IT IS ORDERED THAT:
(1) The motion is granted to the extent that the case is
remanded. In granting the motion, this court takes no po-
sition as to whether the district court should grant vacatur.
(2) Each party shall bear its own costs.
July 18, 2025
Date
FOR THE COURT
cc: United States District Court for the Eastern District of
North Carolina
Case: 25-1402 Document: 18 Page: 2 Filed: 07/18/2025

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