Secalt s.a. v. Wuxi Shenxi Construction MacHinery Co., Ltd.

NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit SE CALT S.A. AND TRACTEL, INC., Plaintiffs-Appellants, V. ` VVUXI SHENXI CONSTRUCTION MACI'IINERY COMPANY, LTD., Defendant-Appellee. 2011-1082 ~ Appeal from the United States District Court for the District of Nevada in case no. 08-CV-0336, Judge James C. Mahan. ON MOTION ORDER The court considers whether this appeal should be transferred to the United States Court of Appeals for the Ninth Circuit. lt appears from Secalt S.A. and Tracte1, Inc.’s notice of appeal in this trade dress infringement case that the appellants were intending to seek review in the Ninth Circuit. This court is a court of limited jurisdiction. 28 2 U.S.C. § 1295 Based only upon our review, it does not appear that the district court's jurisdiction arose in whole or in part under the laws governing this court's appellate jurisdiction. Accordingly, IT ls ORDERE:o THAT: Absent a response received by this court within 14 days of the date of filing of this order opposing transfer, this appeal will be transferred to the United States Court of Appeals for Ninth Circuit pursuant to 28 U.S.C. § 1631 FoR THE CoUR'_r 1 4 /s/ Jan Horba1_v Date J an Horbaly Clerk .__ _ FlLED U.S. r§S'F§'B3iAiPc5§'§hlf°R cc: Michael R. Friscia, Esq. DEC l 4 ZUlU Clay P. Hughes, Esq. 319 JAN HORBALY CLERK