NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit AMERANTH, INC., Plaintiff -Appellan,t, V. MENUSOFT SYSTEMS CORPORATION AND CASH REGISTER SALES & SERVICE OF _ HOUSTON, INC. (DOING BUSINESS AS CRS TEXAS), a Defen,dant-Cross Appellants. 2011-1469, -1502 Appea1s from the United States District Court for the Eastern District of Texas in case no. 07-CV-02'71, MagiS- trate Judge Charles Everingham. ON MOTION Before NEWMAN, L1NN, and REYNA, Circu,it Ju,dges. LINN, Circuit Judge. 0 R D E R Ameranth, Inc. moves without opposition to remand these appeals due to settlement

AMERANTH V. MENUSOFT SYSTEMS 2 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 ls ORDERED THA'1‘: (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 CoyRT JAN 1 3 2012 /s/ Jan Horbal__\[ Date J an Horbaly Clerk cc: J0hn W. OSborne, Esq. George R. McGuire, Esq. s8 Issued As A Mandate: 1 3 2012 FlLED U.S. COURT 0F APPEALS FOR THE FEDEBAL C!RCUl'I JAN 13 2012 JANH0naA1v cLER\<