Seal4safti, Inc. v. California Expanded Metal Products Co.

Case: 23-1120 Document: 17 Page: 1 Filed: 03/16/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________ SEAL4SAFTI, INC., Plaintiff-Appellant v.

CALIFORNIA EXPANDED METAL PRODUCTS CO.,

Defendant-Appellee ______________________

2023-1120 ______________________

Appeal from the United States District Court for the Central District of California in No. 2:20-cv-10409-MCS- JEM, Judge Mark C. Scarsi.

-------------------------------------------------- In re: CALIFORNIA EXPANDED METAL

PRODUCTS CO., Defendant-Appellant

______________________ 2023-1140 ______________________

Appeal from the United States District Court for the Central District of California in No. 2:20-cv-10409-MCS- JEM, Judge Mark C. Scarsi.

______________________

Case: 23-1120 Document: 17 Page: 2 Filed: 03/16/2023 2 IN RE: CALIFORNIA EXPANDED METAL PRODUCTS CO.

ON MOTION ______________________ ORDER

Seal4Safti, Inc., (“S4S”), moves to voluntarily dismiss its Appeal No. 2023-1120 pursuant to Federal Rule of Ap- pellate Procedure 42(b). California Expanded Metal Prod- ucts Co., (“CEMCO”), responds stating that “[n]otwithstanding S4S’s dismissal of its appeal, CEMCO intends to proceed on its cross-appeal.” ECF No. 14 at 2. S4S states that it will not participate in CEMCO’s cross- appeal No. 2023-1140. ECF No. 16 at 1.

Upon consideration thereof, IT IS ORDERED THAT: (1) S4S’s motion is granted to the extent that Appeal No. 2023-1120 is dismissed. The official captions and short caption for Appeal No. 2023-1140 are revised as reflected above.

(2) The parties shall bear their own costs with respect to the dismissal of Appeal No. 2023-1120.

(3) CEMCO’s opening brief in Appeal No. 2023-1140 is due no later than sixty days from the date of filing of this order and the appendix is due no later than twenty-one days thereafter.

FOR THE COURT March 16, 2023 /s/ Peter R. Marksteiner

Date Peter R. Marksteiner

Clerk of Court ISSUED AS A MANDATE (as to Appeal No. 2023-1120): March 16, 2023