Ameranth, Inc. v. Menusoft Systems Corporation

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

AMERANTH, INC.,
Plaintiff -Appellant,
v.
MENUSOFT SYSTEMS CORPORATION AND
CASH REGISTER SALES & SERVICE OF
HOUSTON, INC. (DOING BUSINESS AS CRS
TEXAS),
Defendant-Cross Appellants.

2011-1469, -1502

Appeals from the United States District Court for the
Eastern District of Texas in case no. 07-CV-0271, Magis-
trate Judge Charles Everingham.

ON MOTION

Before NEWMAN, LINN, and REYNA, Circuit Judges.
LINN, Circuit Judge.

ORDER

Ameranth, Inc. moves without opposition to remand
these appeals due to settlement.

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Ameranth states that the parties settled the case and
requested an indicative ruling from the district court,
pursuant to Fed. R. Civ. P. 62.1, whether the district
court would defer, deny, or grant a motion to vacate the
underlying judgment if the case were remanded. The
district court indicated pursuant to Rule 62.1(a)(3) that it
would grant the motion.

Upon consideration thereof,
IT IS ORDERED THAT:

(1) The motion is granted. The case is remanded to
the district court for further proceedings as may be ap-
propriate.

(2) Any other pending motions in this court are moot.

(3) Each side shall bear its own costs.

FOR THE COURT

JAN 13 2012

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: John W. Osborne, Esq.
George R. McGuire, Esq.

s8

Issued As A Mandate:

JAN 13 2012

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JAN 13 2012

JAN HORBALY
CLERK