Automotive Technologies International v. Delphi

NOTE: This order is nonprecedential. Wniteb ~tate~ QCourt of ~peal~ for tbe jfeberal QCirmit AUTOMOTIVE TECHNOLOGIES INTERNATIONAL, INC., Plaintiff-Appellant, v. DELPHI CORPORATION, DELPHI AUTOMOTIVE SYSTEMS, LLC, DPH HOLDINGS CORPORATION, GENERAL MOTORS CORPORATION, GENERAL MOTORS COMPANY, LLC, GENERAL MOTORS LLC, FORD MOTOR COMPANY, VOLVO CARS OF NORTH AMERICA, INC., AND HYUNDAI MOTOR AMERICA, Defendants·Appellees, AND NISSAN NORTH AMERICA, INC., Defendant-Appellee, AND MERCEDES-BENZ USA, LLC, Defendant-Appellee, AND FUJI HEAVY INDUSTRIES USA, INC., Defendant-Appellee, AND MOTORS LIQUIDATION COMPANY, Defendant. AUTOMOTIVE TECH v. DELPHI CORP 2 2011-1292 Appeal from the United States District Court for the Eastern District of Michigan in consolidated case nos. 08- CV-ll048 and 10-CV-10647, Judge Robert H. Cleland. ON MOTION Before RADER, Chief Judge, and GAJARSA and REYNA, Circuit Judges. REYNA, Circuit Judge. ORDER Automotive Technologies International, fnc. ("AT!"), moves without opposition to remand this appeal to the United States District Court for the Eastern District of Michigan, so that that court may consider an unopposed motion to vacate a portion of a summary judgment, due to settlement. Previously, this court dismissed this appeal because ATI failed to file its initial brief. Subsequently, we granted ATI's unopposed motion to reinstate the appeal so that ATI could file its motion to remand, on the condi- tion that ATI filed a motion to remand. Accordingly, IT Is ORDERED THAT: (1) The mandate is recalled, the court's dismissal or- der is vacated, and the appeal is reinstated. (2) The motion to remand is granted. 3 AUTOMOTIVE TECH v. DELPHI CORP FOR THE COURT MAR 08 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk cc: Andrew J. Kochanowski, Esq. John R. Hutchins, Esq. u.s. COURn'r.J>PEALS FOR Paul Richard Steadman, Esq. THE FEDERAL CIRCUIT David M. Schnorrenberg, Esq. Reginald J. Hill, Esq. MAR lJ 8 2012 s23 JAHIDIBAIY WIll