Opinion
2022-1816
10-21-2022
KAOTICA IP CORP., Plaintiff-Appellant v. ICONIC MARS CORPORATION, OLUSEYI JAMES OLALEYE, Defendants-Appellees
This order is nonprecedential.
Appeal from the United States District Court for the Southern District of California in No. 3:21-cv-00433-CAB-DEB, Judge Cathy Ann Bencivengo.
Before DYK, REYNA, and TARANTO, Circuit Judges.
ON MOTION
ORDER
REYNA, CIRCUIT JUDGE.
Before the filing of its opening brief, the appellant Kaotica IP Corp. moves to voluntarily dismiss its appeal. The appellees respond that they "have incurred costs and attorney's fees on this appeal, and [they] wish to abide by this Court's determination concerning whether costs and/or attorney's fees are recoverable in these circumstances." Resp. at 1.
Upon consideration thereof, IT IS ORDERED THAT:
The court has sua sponte determined that the award of attorneys' fees and costs is not appropriate. Kaotica's motion is granted to the extent the appeal is dismissed with each party to bear its own costs.
ISSUED AS A MANDATE: October 21, 2022