Case: 13-1374 Document: 22 Page: 1 Filed: 07/02/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________ FREDERICK FOSTER, Plaintiff-Appellant, v. PITNEY BOWES CORPORATION, Defendant-Appellee, AND UNITED STATES POSTAL SERVICE, Defendant-Appellee, AND JOHN DOES 1-10, Defendants. __________________________ 2013-1374, -1444 __________________________ Appeals from the United States District Court for the Eastern District of Pennsylvania in No. 11-CV-7303, Judge Joel H. Slomsky. __________________________ ON MOTION __________________________ PER CURIAM.

Case: 13-1374 Document: 22 Page: 2 Filed: 07/02/2013

FOSTER v. PITNEY BOWES CORPORATION 2

ORDER Frederick Foster moves to revise the official caption in appeal No. 2013-1374 to include the United States Postal Service (USPS) as an appellee. The USPS opposes being added as a defendant-appellee and asks the court to strike portions of Foster’s brief or in the alternative to be given leave to file a response to his brief.

Recently docketed appeal No. 2013-1444 involves the United States District Court for the Eastern District of Pennsylvania’s July 23, 2012 order granting dismissal of the USPS as a defendant and subsequent denial of Foster’s motion for sanctions against the USPS. That appeal, which is consolidated with appeal No. 2013-1374, moots the arguments made by the USPS.

Upon consideration thereof, IT IS ORDERED THAT: (1) Foster’s motion is granted to the extent that the USPS is added as a defendant-appellee. (2) The revised official caption is reflected above. (3) Appellees should compute the due date of their briefs from the date of this order.

FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk s26