NOTE: This order is nonprecedential. United States Court of Appeals
for the Federal Circuit
DAVID A. TROPP,
Plaintiff-Appellee,
v.
CONAIR CORPORATION, L.C. INDUSTRIES, LLC,
MASTER LOCK COMPANY LLC, SAMSONITE
CORPORATION, TRAVELPRO INTERNATIONAL
INC., AND TRG ACCESSORIES, LLC,
Defendants-Appellants,
AND
BRIGGS & RILEY TRAVELWARE LLC,
Defendant-Appellant,
AND
EAGLE CREEK, A DIVISION OF VF OUTDOOR,
INC., BROOKSTONE COMPANY, INC., AND
BROOKSTONE STORES, INC.,
Defendants-Appellants,
AND
DELSEY LUGGAGE INC.,
Defendant-Appellant,
AND
EBAGS, INC.,
Defendant-Appellant,
AND
22 DAVID TROPP v. CONAIR CORPORATION
MAGELLAN’S INTERNATIONAL TRAVEL
CORPORATION,
Defendant-Appellant,
AND
TUMI, INC.,
Defendant-Appellant,
AND
WORDLOCK, INC.,
Defendant-Appellant,
AND
OUTPAC DESIGNS INC., HP MARKETING CORP.
LTD., AND TITAN LUGGAGE USA,
Defendants.
2012-1337
Appeal from the United States District Court for the Eastern District of New York in No. 08-CV-4446, Judge Eric N. Vitaliano.
ON MOTION
Before DYK, PROST and O’MALLEY, Circuit Judges.
O R D E R
The parties jointly submit a letter, which this court construes as a motion to vacate the district court’s denial of the appellants’ motion for attorneys’ fees.
3DAVID TROPP v. CON A I R C O R P O R A T I O N 3
This appeal of a denial of attorneys’ fees, along with the underlying merits appeal, David Tropp v. Conair Corp., No. 2011-1583, (“Merits Appeal”), was stayed pending this court’s decision in Travel Sentry, Inc. v. David Tropp, Nos. 2011-1023, -1367. Shortly after this court’s decision in Travel Sentry, the court decided the Merits Appeal, vacating and remanding the district court’s judgment. Accordingly, vacatur of the district court’s denial of attorneys’ fees is also warranted. See Raytheon Co. v. Indigo Systems Corp., 688 F.3d 1311, 1313 n.1 (Fed. Cir. 2012).
Upon consideration thereof, IT IS ORDERED THAT:
(1) The motion to vacate is granted. (2) All parties shall bear their own costs.
FOR THE COURT
/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk s25