Case: 25-1726 Document: 23 Page: 1 Filed: 09/16/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ FOTO ELECTRIC SUPPLY CO., INC., Plaintiff-Appellant v. MARUT ENTERPRISES LLC, BRETT MARUT, Defendants-Appellees ______________________ 2025-1726 ______________________ Appeal from the United States District Court for the Southern District of New York in No. 1:24-cv-05540-JSR, Judge Jed S. Rakoff. ______________________ ON MOTION ______________________ PER CURIAM.

ORDER Foto Electric Supply Co., Inc. moves to dismiss its own appeal under Federal Rule of Appellate Procedure 42(b), contending that it is “no longer . . . necessary” based on “Marut[ Enterprises LLC]’s continued inaction,” Mot. at 6– 7. Marut does not oppose dismissal but otherwise disa- grees with the contentions of Foto’s motion.

Case: 25-1726 Document: 23 Page: 2 Filed: 09/16/2025

2 FOTO ELECTRIC SUPPLY CO., INC. v. MARUT ENTERPRISES LLC

Upon consideration thereof, IT IS ORDERED THAT: The motion is granted only to the extent the appeal is dismissed and each party shall bear its own costs.

FOR THE COURT

September 16, 2025 Date

ISSUED AS A MANDATE: September 16, 2025