Opinion
2023-1120 2023-1140
03-16-2023
SEAL4SAFTI, INC., Plaintiff-Appellant v. CALIFORNIA EXPANDED METAL PRODUCTS CO., Defendant-Appellee In re: CALIFORNIA EXPANDED METAL PRODUCTS CO., Defendant-Appellant
This order is nonprecedential.
Appeal from the United States District Court for the Central District of California in No. 2:20-cv-10409-MCS-JEM, Judge Mark C. Scarsi.
ORDER
ON MOTION
Seal4Safti, Inc., ("S4S"), moves to voluntarily dismiss its Appeal No. 2023-1120 pursuant to Federal Rule of Appellate Procedure 42(b). California Expanded Metal Products Co., ("CEMCO"), responds stating that "[n]otwithstanding S4S's dismissal of its appeal, CEMCO intends to proceed on its cross-appeal." ECF No. 14 at 2. S4S states that it will not participate in CEMCO's crossappeal No. 2023-1140. ECF No. 16 at 1.
Upon consideration thereof, IT IS ORDERED THAT:
(1) S4S's motion is granted to the extent that Appeal No. 2023-1120 is dismissed. The official captions and short caption for Appeal No. 2023-1140 are revised as reflected above.
(2) The parties shall bear their own costs with respect to the dismissal of Appeal No. 2023-1120.
(3) CEMCO's opening brief in Appeal No. 2023-1140 is due no later than sixty days from the date of filing of this order and the appendix is due no later than twenty-one days thereafter.