U.S. Court of Appeals for the Ninth Circuit, 2007

HANSEN BEVERAGE COMPANY v. National Beverage Corp.

U.S. Court of Appeals for the Ninth Circuit · Decided August 17, 2007 · Canby, Thomas, Conlon

499 F.3d 923; 2007 U.S. App. LEXIS 19752; 2007 WL 2409202 (Federal Reporter, Third Series)

Counsel

Lynda J. Zadra-Symes, Esq., John B. Sganga, Esq., Steven J. Nataupsky, Esq., Lauren Keller, Esq., Joe Cianfrani, Esq., Knobbe Martens Olson & Bear, LLP, Irvine, CA, for Plaintiff-Appellee., Shawn McDonald, Esq., Latham & Watkins, LLP, Stephen P. Swinton, Esq., Los Angeles, CA, Kristine L. Wilkes, Esq., Colleen Carlton Smith, Esq., Latham & Watkins, LLP, Harley I. Lewin, San Diego, CA, Greenberg Traurig, Gregory A. Nylen, Esq., New York, NY, Karin L. Bohmholdt, Esq., Greenberg Traurig LLP, Santa Monica, CA, Elliot H. Scherker, Esq., Greenberg Traurig PA, Miami, FL, for Defendants-Appellants.

Cases that cite this one

1 later published case cites this decision.

Adidas America, Inc. v. Calmese (District Court, D. Oregon 2009)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER

The motion of Hansen Beverage Company to file its Motion to Vacate Opinion under seal is GRANTED, and its motion and reply to the opposition are ordered sealed.

On June 29, 2007, we filed our opinion in the appeal by National Beverage Company of a preliminary injunction. See Hansen Beverage Co. v. National Beverage Co., 493 F.3d 1074 (9th Cir. 2007). Our mandate has not yet issued. It has now been made known to us that, on June 8, 2007, the parties had executed a settlement agreement that, among other things, stipulated that the preliminary injunction that was the subject of the appeal was made permanent. As a consequence, there was no longer a controversy between the parties over the preliminary injunction at the time we issued our opinion, and the case was moot.

We lacked jurisdiction to decide a moot case. See In re Pattullo, 271 F.3d 898, 900 (9th Cir. 2001). We accordingly VACATE our opinion and decision of June 29, 2007, and DISMISS this appeal. See id. at 902.

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