Opinion
2012-1140
06-11-2012
MARTIN GARDNER REIFFIN, Plaintiff-Appel lant, v. MICROSOFT CORPORATION, WILLIAM H. GATES, III, AND STEVEN A. BALLMER, Defendants-Appellees.
NOTE: This order is nonprecedential.
Appeal from the United States District Court for the Northern District of California in case no. 11-CV-3505, Judge Charles R. Breyer.
ON MOTION
ORDER
Microsoft Corporation moves to dismiss the current appeal as premature. Martin Gardner Reiffin opposes. Microsoft replies. Reiffin moves for leave to file a surreply.
Subsequently, on April 16, 2012, the district court entered final judgment in the underlying action. Reiffin filed another appeal, 2012-1357, and within that notice of appeal states that he withdraws this appeal, 2012-1140. We treat that statement as a withdrawal of his opposition to the motion to dismiss 2012-1140.
Accordingly,
IT IS ORDERED THAT:
The motions are granted. Appeal 2012-1140 is dismissed.
FOR THE COURT
____________________________
Jan Horbaly
Clerk
cc: Joseph L. Spiegel, Esq.
Todd M. Siegel, Esq.
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