NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2006-1454, -1475
WINDY CITY INNOVATIONS, LLC,
Plaintiff-Appellant,
v.
AMERICA ONLINE, INC.
(now known as AOL LLC),
Defendant-Cross Appellant.
ON MOTION
Before RADER, Circuit Judge.
ORDER
The parties jointly move to remand this case to the United States District Court
for the Northern District of Illinois, in district court case no. 04-CV-4240, so that the
district court may consider their Fed. R. Civ. P. 60(b) motion to vacate the district court’s
judgment and dismiss the case. America Online, Inc. moves to reform the official
caption.
We deem the better course in these circumstances is to grant a limited remand
so that the district court may consider whether or not it would grant the motion but
otherwise retain jurisdiction over the appeal. If the district court intends to grant the
motion, it should so inform the parties and the parties may then promptly move to
remand the case in its entirety. See, e.g., Brown v. United States, 976 F.2d 1104,
1110-11 (7th Cir. 1992) (citing Graefenhain v. Pabst Brewing Co., 870 F.2d 1198, 1211
(7th Cir. 1989)). The district court may deny the motion without a complete remand
from this court.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to remand is granted to the extent that we grant a limited
remand for the purpose of allowing the district court to consider the Rule 60(b) motion.
This court otherwise retains jurisdiction over the appeal. If the district court indicates
that it is willing to grant the Rule 60(b) motion, then the parties should move in this court
to remand the case to the district court.
(2) The motion to revise the official caption is granted. The revised official
caption is reflected above.
(3) The briefing schedule is stayed. If no action is taken by the district court
within 45 days of the date of filing of this order, the parties should file a status report
with this court.
February 15, 2007 /s/ Randall R. Rader
Date Randall R. Rader
Circuit Judge
cc: George P. McAndrews, Esq.
Robert J. Gunther, Jr., Esq.
United States District Court, Clerk
United States District Court, Judge
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