Opinion
2014-1324 2014-1365 2014-1422
05-30-2014
ENDO PHARMACEUTICALS INC., Plaintiff-Cross-Appellant, v. MYLAN PHARMACEUTICALS INC. AND MYLAN INC., Defendants-Appellants.
NOTE: This order is nonprecedential.
Appeals from the United States District Court for the District of Delaware in No. 1:11-cv-00717-RMB-KW, Judge Renee Marie Bumb.
Appeal from the United States District Court for the District of Delaware in No. 1:11-cv-00717-RMB-KW, Judge Renee Marie Bumb.
ON MOTION
Before NEWMAN, Circuit Judge.
ORDER
Mylan Pharmaceuticals Inc. and Mylan Inc. (Mylan) move without opposition to reactivate and dismiss Appeal Nos. 2014-1324, -1365. Mylan also moves to dismiss certain portions of Endo Pharmaceuticals Inc.'s Appeal No. 2014-1422. Endo opposes dismissal of Appeal No. 2014-1422.
These appeals all stem from the same district court action. In Appeal No. 2014-1422, Endo appeals from the district court's grant of Mylan's Rule 60(b) motion, which vacated the judgment previously challenged in Appeal Nos. 2014-1324, -1365, as well as other orders. Mylan's motion seeks to limit Endo's appeal to the district court's Rule 60(b) decision.
No briefs have yet been filed in this appeal. We deem it the better course for Mylan to raise any issues concerning jurisdiction in its brief.
Accordingly,
IT IS ORDERED THAT:
(1) Mylan's motion to reactivate and dismiss Appeal Nos. 2014-1324, -1365 is granted.
(2) Each party shall bear its own costs in Appeal Nos. 2014-1324, -1365.
(3) Mylan's motion to dismiss Appeal No. 2014-1422 is denied.
(4) The opening brief in 2014-1422 shall be due no later than June 20, 2014.
FOR THE COURT
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Daniel E. O'Toole
Clerk of Court
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