General Electric Co. v. Wilkins ( 2013 )

Case: 13-1086 Document: 32 Page: 1 Filed: 02/11/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ GENERAL ELECTRIC COMPANY AND GE WIND ENERGY, LLC, Plaintiffs/Counterclaim Defendants-Appellants, v. THOMAS WILKINS, Defendant/Counterclaimant-Appellee, AND MITSUBISHI HEAVY INDUSTRIES, LTD. AND MITSUBISHI POWER SYSTEMS AMERICAS, INC., Counterclaimants-Appellees. __________________________ 2013-1086 __________________________ Appeal from the United States District Court for the Eastern District of California in case no. 10-CV-0674, Judge Lawrence J. O’Neill. ------------------------------------------------- GENERAL ELECTRIC COMPANY AND GE WIND ENERGY, LLC, Plaintiffs/Counterclaim Defendants-Cross Appellants, v. THOMAS WILKINS, Defendant/Counterclaimant-Appellant, Case: 13-1086 Document: 32 Page: 2 Filed: 02/11/2013 GENERAL ELECTRIC COMPANY V. THOMAS WILKINS 2 AND MITSUBISHI HEAVY INDUSTRIES, LTD. AND MITSUBISHI POWER SYSTEMS AMERICAS, INC., Counterclaimants-Appellants. __________________________ 2013-1169, -1170, -1171 __________________________ Appeals from the United States District Court for the Eastern District of California in case no. 10-CV-0674, Judge Lawrence J. O’Neill. __________________________ ON MOTION __________________________ ORDER General Electric Company and GE Wind Energy, LLC move without opposition to withdraw its appeal no. 2013- 1086, to reform the caption of the remaining appeals to designate Thomas Wilkins, Mitsubishi Heavy Industries, Ltd. and Mitsubishi Power Systems Americas, Inc. as appellants and General Electric Company and GE Wind Energy, LLC as cross appellants. General Electric Com- pany also moves to set a new briefing schedule. Upon consideration thereof, IT IS ORDERED THAT: (1) The motion to withdraw 2013-1086 is granted. 2013-1086 is dismissed. (2) The motion to reform the official caption is grant- ed. The revised official caption in 2013-1169, -1170, -1171 is reflected above. Case: 13-1086 Document: 32 Page: 3 Filed: 02/11/2013 3 GENERAL ELECTRIC COMPANY V. THOMAS WILKINS (3) The motion to set the briefing schedule is granted. Thomas Wilikins, Mitsubishi Heavy Industries, Ltd. and Mitsubishi Power Systems Americas, Inc.’s opening briefs are due within 60 days of the date of filing of this order. (4) Each side shall bear its own costs in 2013-1086. FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk s21 Issued As A Mandate (As To 2013-1086 Only): February 11, 2013