CarrAmerica Realty Corp. v. NVIDIA Corp.

Full title: CARRAMERICA REALTY CORPORATION; et al., Plaintiffs-Appellants, and CARLYLE…

Court: United States Court of Appeals, Ninth Circuit

Date published: Mar 10, 2009

302 F. App'x 514 (9th Cir. 2009)

Opinion

Nos. 06-17109, 07-15077.

March 10, 2009.

D.C. No. CV-05-00427-JW.

Before: FARRIS, SILER,^_ and BEA, Circuit Judges.

_ The Honorable Eugene E. Siler, Jr., Senior United States Circuit Judge for the Sixth Circuit, sitting by designation.

ORDER RECALLING MANDATE AND AMENDING MEMORANDUM

The mandate issued in these consolidated appeals on February 11, 2009. The panel recalls the mandate to further amend the memorandum disposition, filed on November 25, 2008, and first amended on January 22, 2009, to include the following:

Order Amending Memorandum, page 3, lines 13-14: replace "costs in appeal no. 07-15077 to be paid by Plaintiff-Appellant Carlyle Fortran Trust." with "each party will bear its own costs in appeal no. 07-15077."

Because nVidia is not the prevailing party in these consolidated appeals, we refer its motion for attorneys' fees against Carlyle Fortran Trust to the district court for consideration alongside nVidia's attorneys' fee motion currently pending before that court. Cal. Civ. Code § 1717.

Service of this order upon the district court shall constitute the issuance of mandate, and no future petitions for rehearing shall be entertained.