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Resqnet.com, Inc. v. Lansa, Inc.
Citation: 481 F. App'x 615Docket: Nos. 2012-1189, 2012-1190
Court: Court of Appeals for the Federal Circuit; September 20, 2012; Federal Appellate Court
The parties have jointly filed a motion to remand the case to the United States District Court for the Southern District of New York on the basis that they have reached a settlement. They requested an indicative ruling from the district court under Fed. R. Civ. P. 62.1 regarding whether the court would defer, deny, or grant a motion to vacate the underlying judgment if remanded. The district court responded, indicating it would grant the motion for vacatur per Rule 62.1(a)(3). The Federal Circuit, while remanding the case for consideration of the motion for vacatur, does not take a position on whether the district court should ultimately grant that motion. Consequently, the motion to remand is granted.