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Nelson v. K2 Inc.

Citation: 349 F. App'x 536Docket: No. 2009-1243

Court: Court of Appeals for the Federal Circuit; August 14, 2009; Federal Appellate Court

Narrative Opinion Summary

Paul N. Nelson's motion to dismiss his appeal (no. 2009-1243) is granted, with K2 Inc. and associated parties consenting to the dismissal. The appeal no longer involves a cross appeal, thus the parties must adhere to standard briefing timelines and requirements. The specific cover color for the briefs is designated as follows: K2’s principal brief will have a blue cover, Nelson’s brief will have a red cover, and K2’s reply brief will have a gray cover, in accordance with Fed. R.App. P. 32(a)(2). The parties are instructed to use the revised caption for appeal no. 2009-1361 on their briefs. Each party will bear its own costs for the dismissed appeal. K2's principal brief for appeal no. 2009-1361 is due by September 11, 2009, with subsequent deadlines calculated per Fed. Cir. R. 31. The revised official caption for appeal no. 2009-1361 is provided in the document.

Legal Issues Addressed

Briefing Requirements under Federal Rules

Application: Parties must adhere to standard briefing timelines and cover color specifications as per federal rules.

Reasoning: The appeal no longer involves a cross appeal, thus the parties must adhere to standard briefing timelines and requirements. The specific cover color for the briefs is designated as follows: K2’s principal brief will have a blue cover, Nelson’s brief will have a red cover, and K2’s reply brief will have a gray cover, in accordance with Fed. R.App. P. 32(a)(2).

Costs in Dismissed Appeals

Application: Each party is responsible for its own costs following the dismissal of the appeal.

Reasoning: Each party will bear its own costs for the dismissed appeal.

Motion to Dismiss Appeal

Application: Paul N. Nelson's motion to dismiss his appeal was granted with the consent of the opposing parties.

Reasoning: Paul N. Nelson's motion to dismiss his appeal (no. 2009-1243) is granted, with K2 Inc. and associated parties consenting to the dismissal.

Revised Caption and Filing Deadlines

Application: The appeal will proceed under a revised caption with specific deadlines for filing briefs.

Reasoning: The parties are instructed to use the revised caption for appeal no. 2009-1361 on their briefs. K2's principal brief for appeal no. 2009-1361 is due by September 11, 2009, with subsequent deadlines calculated per Fed. Cir. R. 31.