Case: 24-2070 Document: 17 Page: 1 Filed: 08/30/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

FBA OPERATING CO., Plaintiff-Appellant

v.

ETN CAPITAL, LLC, dba Beech Lane, LLC, Defendant-Appellee ______________________

2024-2070 ______________________

Appeal from the United States District Court for the Eastern District of North Carolina in No. 5:23-cv-00505-D- RN, Judge James C. Dever, III. ______________________

ON MOTION ______________________

Before LOURIE, CUNNINGHAM, and STARK, Circuit Judges. PER CURIAM. ORDER Upon consideration of ETN Capital, LLC’s unopposed motion to dismiss this appeal as premature, Case: 24-2070 Document: 17 Page: 2 Filed: 08/30/2024

2 FBA OPERATING CO. v. ETN CAPITAL, LLC

IT IS ORDERED THAT: (1) The motion is granted, and the appeal is dismissed. (2) Each party shall bear its own costs. FOR THE COURT

August 30, 2024 Date

ISSUED AS A MANDATE: August 30, 2024