Dunkin' Donuts Inc. v. Barr Donut LLC

Full title: DUNKIN' DONUTS INCORPORATED, a Delaware Corporation, Plaintiff--Appellee…

Court: United States Court of Appeals, Ninth Circuit

Date published: Aug 8, 2003

70 F. App'x 984 (9th Cir. 2003)

Opinion

70 Fed.Appx. 984 (9th Cir. 2003) DUNKIN' DONUTS INCORPORATED, a Delaware Corporation, Plaintiff--Appellee, v. BARR DONUT LLC, A New York Limited Liability Company, Defendant, and Alexander BARRETT, et al., Defendants--Appellants. No. 02-16933. D.C. No. MC-02-00008-WDB. United States Court of Appeals, Ninth Circuit. August 8, 2003

Submitted July 17, 2003. ^*

* This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Arizona, William D. Browning, District Judge, Presiding.

Before KLEINFELD, WARDLAW, Circuit Judges, and POGUE, ^** CIT Judge.

** The Honorable Donald Pogue, U.S. Court of International Trade, sitting by designation.

MEMORANDUM ^***

*** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Appellee was granted summary judgment in the civil action underlying this Privacy Act ¹ appeal. ² The franchise agreement is terminated, and no timely appeal has been filed in the S.D.N.Y. action. There is no "effectual relief" this panel could grant under Church of Scientology v. United States. ³ This appeal is therefore moot.

1 5 U.S.C. § 552a.

2 See Dunkin' Donuts v. Barr Donut, 242 F.Supp.2d 296 (S.D.N.Y.2003).

3 506 U.S. 9, 113 S.Ct. 447, 121 L.Ed.2d 313 (1992).

APPEAL DISMISSED.