ON MOTION

ORDER

Fresenius Medical Care Holdings, Inc., Fresenius Medical Care North America, and Fresenius USA, Inc., move without opposition to withdraw their cross-appeal no. 2011-1302.

Upon consideration thereof,

It Is Ordered That:

(1) The motion to withdraw 2011-1302 is granted. The appeal is dismissed.

(2) Each side shall bear its own costs in 2011-1302.

(3) The revised official caption for 2011-1268 is reflected above.