NOTE: This order is nonprecedential United States Court of Appeals for the Federal Circuit BENNETT MARINE, INC., Plarlntiff-Cross Appellant, V. LENCO MARINE, INC. AND RICHARD DEVITO, JR., Defendants-Appellants, AND RINKER BoAT COMPANY ANn ` KIM SLoCUM, Defenclants.

2012-1336, -1354 Appeals from the United States District Court for the Southern District of Florida in case no. 04-CV-60326, Judge Kenneth A. Marra.

ON MOTION ORDER LENCO MARINE V. BENNETT MARINE 2 Bennett Marine, lnc., Kim Slocurn, and Rinker Boat Company move to dismiss the cross-appeal with regard to Rinker B0at Company and Kim Slocuin.

The court does not dismiss a portion of a pending ap- peal 0r cross-appeal Instead the official caption is modi- fied to indicate a party’s status. Currently the official caption reflects that Rinker Boat Company and Kim Slocum are not participants in either the appeal or the cross-appeal Rather, they are listed simply as defen~ dants from the proceedings below Accordingly, IT ls ORDERED THAT: The motion is denied as moot.

F0R THE CoURT JUN 1 4 2012 /s/ Jan Horbaly Date J an Horbaly Clerk cc: Eric C. Christu, Esq.

James A. Gale, Esq. |_E[) U.S. CUUH$LF APFEALS FDR mei=snm.iccacurr ..|UN 1 4 2012 JAN HORBALY CLERK