Cvb, Inc. v. United States

Case: 24-1504 Document: 63 Page: 1 Filed: 11/18/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________

In Re UNITED STATES,

Defendant- Appellant ______________________ 2024-1566 ______________________

Appeal from the United States Court of International Trade in No. 1:21-cv-00288-SAV, Judge Stephen A. Vaden.

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CVB, INC., Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee

BROOKLYN BEDDING, LLC, CORSICANA MATTRESS CO., ELITE COMFORT SOLUTIONS,

FXI, INC., INNOCOR, INC., KOLCRAFT ENTERPRISES, INC., LEGGETT & PLATT, INC.,

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO,

Defendants-Appellees ______________________

Case: 24-1504 Document: 63 Page: 2 Filed: 11/18/2024 2 IN RE US

2024-1504 ______________________

Appeal from the United States Court of International Trade in No. 1:21-cv-00288-SAV, Judge Stephen A. Vaden.

______________________

Before REYNA, Circuit Judge.

ORDER

Upon consideration of the parties’ joint stipulation of voluntary dismissal of Appeal No. 2024-1504, pursuant to Federal Rule of Appellate Procedure 42(b), ECF No. 60, and CVB, Inc.’s notice that it will not be participating in the United States’s cross-appeal, Appeal No. 2024-1566, ECF No. 61,

IT IS ORDERED THAT: (1) Appeal No. 2024-1504 is dismissed. The revised of- ficial caption and short caption for Appeal No. 2024-1566 are reflected in this order.

(2) Each side shall bear its own costs in Appeal No. 2024-1504.

(3) The parties’ briefs will not be transmitted to the merits panel assigned to Appeal No. 2024-1566.

(4) Within 14 days from the date of entry of this order, the United States is directed to submit a revised brief in Appeal No. 2024-1566 that shall be revised only to the ex- tent that it reflects the revised caption and omits those por- tions of its original brief addressing CVB’s arguments. The appendix is also due within that time.

(5) Following submission of the revised brief and ap- pendix, Appeal No. 2024-1566 will be ready for assignment to a merits panel.

Case: 24-1504 Document: 63 Page: 3 Filed: 11/18/2024 IN RE US 3

(6) The Clerk of Court is directed to forward a copy of this order to the merits panel assigned to Appeal No. 2024- 1566.

FOR THE COURT November 18, 2024

Date ISSUED AS A MANDATE (as to Appeal No. 2024-1504 only): November 18, 2024