Opinion
2012-1131
09-24-2012
HOFFMANN-LA ROCHE INC., Plaintiff-Appellant, v. TEVA PHARMACEUTICALS USA, INC. AND TEVA PHARMACEUTICAL INDUSTRIES LTD., Defendants-Appellees.
NOTE: This order is nonprecedential.
Appeal from the United States District Court for the District of New Jersey in case no. 09-CV-5283, Judge Esther Salas.
ON MOTION
ORDER
Hoffmann-LaRoche Inc. moves unopposed for a limited remand for the purpose of permitting the district court to enter an order granting a motion under Fed. R. Civ. P. 60(b) to amend the dismissal order to state that the appeal is dismissed "without prejudice." The district court issued an indicative order stating that it will amend the order as described if this court remands the appeal.
Upon consideration thereof,
IT IS ORDERED THAT:
The motion is granted and the remand is allowed for the limited purpose of allowing the district court to enter a ruling. This court otherwise retains jurisdiction over the appeal. The parties should promptly notify this court after the district court's ruling.
FOR THE COURT
___________
Jan Horbaly
Clerk
cc: Brian D. Coggio, Esq.
Jeffer Ali, Esq.
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