Whitserve, LLC v. Computer Packages, Inc. ( 2011 )

NOTE: This order is nonprecedential United States Court of AppeaIs for the Federal Circuit WHITSERVE, LLC, Plain,tiff/ Cou,n,terclaim Defendant-Cr0ss Appellcmt, AND WESLEY W. WHITMYER, JR., Third Party Defendo:nt»Cross Appellan,t, V. COMPUTER PACKAGES, INC., Defendant/C0u,n,terclocim Plaintiff-Appeliant. 2011-1206, -1261 Appeals from the United States District Court for the District of Connecticut in case n0. 06-CV-1935, Judge A1fred V. Cove1l0. ON MOTION ORDER WhitServe, LLC and Wes1ey W. Whitmyer, Jr. move to withdraw their motion to dismiss C0mputer Packages, Inc. (CPI)’s appeal for lack of jurisdiction CPI notifies this court of the March 21, 2011 order of the United WHITSERVE V. COMPUTER PACKAGES 2 States District Court for the District of Connecticut staying execution of judgment upon entry of CPI filing a supersedeas bond and CPI’s filing of such bond on March 25, 2011. Upon consideration thereof, IT ls ORDEREn THAT: (1) The motion to withdraw the motion to dismiss is granted (2) CPI’s motion for a stay of execution of judgment is moot. (3) CPI’S initial brief is due within 40 days from the date of filing of this order. FOR THE COURT 2 4 /s/ Jan HorBal__\[ Date J an Horbaly C1erk cc: Gene S. Winter, Esq. FlLEo J°1“-11 A- KFa“S@'» ESC1- u.s.coum or APPeA1.s FoR ``l'HE FEBERAL C!RCUlT HAY 24 2011 s19 JAN HDRBALY CLEH(