Opinion
No. 2009-1535.
April 11, 2011.
Appeal from the United States District Court for the Northern District of Texas in case no. 3:07-CV-0831, Judge Ed Kinkeade.
Before RADER, Chief Judge.
ON MOTION
ORDER
GPS Industries, Inc. and Optimal LP. Holdings, L.P. (GPS) and Altex Corporation et al. (Altex) each respond to this court's January 4, 2011 order. GPS also moves for GPS Industries, LLC to be substituted for GPS Industries, Inc. Altex opposes. GPS replies. GPS and Altex each move to take judicial notice of various court documents.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) GPS's motion for substitution is deferred for consideration by the merits panel assigned to hear the case.
(2) Copies of this order, the parties' responses to this court's January 4, 2011 order, the motion for substitution, the opposition, and the reply shall be transmitted to the merits panel.
(3) GPS and Altex's motions for judicial notice are granted. Copies of the motions shall be transmitted to the merits panel, to inform the panel of the documents that the parties submit to the court.