Resqnet.com, Inc. v. Lansa, Inc.

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# United States Court of Appeals for the Federal Circuit

RESQNET.COM, INC.,
Plaintiff-Appellant,
V.
LANSA, INC.,
Defendant-Cross Appellant.

2012-1189, -1190

Appeals from the United States District Court for the
Southern District of New York in case no. 01-CV-3578,
Senior Judge Robert W. Sweet.

Before BRYSON, MOORE and O'MALLEY, Circuit Judges.
O'MALLEY, Circuit Judge.

ORDER

The parties jointly move to remand this case to the
United States District Court for the Southern District of
New York due to settlement.

The parties state they have settled the case and re-
quested an indicative ruling indicating from the district
court, pursuant to Fed. R. Civ. P. 62.1, whether the dis-
trict court would defer, deny, or grant a motion to vacate
the underlying judgment if the case were remanded. The

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district court indicated pursuant to Rule 62.1(a)(3) that it
would grant the motion.

In remanding this case to the District Court to con-
sider the motion for vacatur, the Federal Circuit takes no
position as to whether the District Court should grant the
motion for vacatur.

Upon consideration thereof,
IT IS ORDERED THAT:
The motion is granted.

SEP 2 0 2012

FOR THE COURT

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: James H. Hulme Esq. Jeffrey I. Kaplan, Esq.

s2,5 Issued As A Mandate:

SEP 2 0 2012

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
SEP 2 0 2012
JAN HORBALY
CLERK