Case: 13-1374 Document: 22 Page: 1 Filed: 07/02/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
FREDERICK FOSTER,
Plaintiff-Appellant,
v.
PITNEY BOWES CORPORATION,
Defendant-Appellee,
AND
UNITED STATES POSTAL SERVICE,
Defendant-Appellee,
AND
JOHN DOES 1-10,
Defendants.
__________________________
2013-1374, -1444
__________________________
Appeals from the United States District Court for the
Eastern District of Pennsylvania in No. 11-CV-7303,
Judge Joel H. Slomsky.
__________________________
ON MOTION
__________________________
PER CURIAM.
Case: 13-1374 Document: 22 Page: 2 Filed: 07/02/2013
FOSTER v. PITNEY BOWES CORPORATION 2
ORDER
Frederick Foster moves to revise the official caption in
appeal No. 2013-1374 to include the United States Postal
Service (USPS) as an appellee. The USPS opposes being
added as a defendant-appellee and asks the court to strike
portions of Foster’s brief or in the alternative to be given
leave to file a response to his brief.
Recently docketed appeal No. 2013-1444 involves the
United States District Court for the Eastern District of
Pennsylvania’s July 23, 2012 order granting dismissal of
the USPS as a defendant and subsequent denial of Foster’s
motion for sanctions against the USPS. That appeal, which
is consolidated with appeal No. 2013-1374, moots the
arguments made by the USPS.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) Foster’s motion is granted to the extent that the
USPS is added as a defendant-appellee.
(2) The revised official caption is reflected above.
(3) Appellees should compute the due date of their
briefs from the date of this order.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
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