Case: 11-12179 Date Filed: 02/06/2013 Page: 1 of 2
[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
No. 11-12179
D.C. Docket No. l:ll-cv-20414-MGC
ERIKSON HARRISSON,
Plaintiff- Appellee,
versus
NCL (BAHAMAS) LTD.,
d.b.a. NCL,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of Florida
Before CARNES, BARKETT and HILL, Circuit Judges.
PER CURIAM:
Case: 11-12179 Date Filed: 02/06/2013 Page: 2 of 2
We previously issued an order, published at 691 F.3d 1308, dismissing this
appeal for lack ofjurisdiction, concluding that the district court's remand to state
court for lack of subject matter jurisdiction was barred from appellate review
pursuant to 28 U.S.C. § 1447(d). NCL timely filed a petition for rehearing by the
panel and for rehearing en banc, which are still pending. Accordingly, the mandate
in this case has not yet issued.
The parties recently notified this Court that they have settled their dispute.
Based on their settlement, NCL has filed a motion requesting that we dismiss this
appeal, dismiss its petition for rehearing and for rehearing en banc, which we
construe as a request to withdraw the petition for rehearing, and finally to vacate
our order published at 691 F.3d 1308.
Because the parties have settled their dispute, there is no longer a case or
controversy and thus the case is moot. Accordingly, we grant NCL's motion to
DISMISS the appeal for mootness, DENY the petition for rehearing and rehearing
en banc as moot and exercise our discretion and VACATE our prior order
published at 691 F.3d 1308.