Nore: This order is nonprecedential. Gnited States Court of Appeals
for the Federal Circuit
INTERACTIVE HEALTH, LLC (NOW KNOWN AS HUMAN TOUCH, LLC) and DAITO DENKI KOGYU
K.K. (DOING BUSINESS AS DAITO ELECTRIC
MACHINE INDUSTRY COMPANY, LTD.),
Plaintiffs-Appellanits,
v.
KING KONG USA, INC., AMERICAN LIGHTING
INDUSTRY, INC., and BERNARD KOAY,
Defendants-Cross Appellants,
and
WFO IMPORTS LLC,
Defendant-Cross Appellant,
and
BLAIR HAYES,
Defendant-Appellee,
and
HEALTHFIRST LLC,
Defendant.
2009-1141, -1155, -1401
2INTERACTIVE HEALTH v. KING KONG USA 2
Appeals from the United States District Court for the Central District of California in case no. 06-CV-1902, Judge Valerie Baker Fairbank.
ON MOTION
Before NEWMAN, SCHALL, and Prost, Circuit Judges.
ORDER
The parties move jointly to dismiss and to remand to the United States District Court for the Central District of California due to settlement.
The parties state that the settlement agreement contemplates the vacatur of certain district court orders and amendment of the judgment and that they “are presently filing a joint motion with the District Court for such vacatur and amendment.” The parties request that the court remand the case to the district court with instructions to consider their motion.
The court cannot both dismiss and remand the appeal. Because the parties indicate that they seek further proceedings in the district court, the court remands to allow such proceedings as the district court deems proper.
Accordingly, It Is ORDERED THAT: (1) The motion to dismiss is denied. (2) The motion to remand is granted. (3) Each side shall bear its own costs.
33 INTERACTIVE HEALTH v. KING KONG USA
For THE Court JUL 02 2010 /s/ Jan Horbaly
Date Jan Horbaly
Clerk
ce: Leslie F. Vandale, Esq.
Peter J. Korneffel, Jr., Esq. David A. Dillard, Esq.
817 ISSUED AS A MANDATE: WL 02 2010