HomeMy WebLinkAbout2024-1152 - City v. Open International - 02 - Order
UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
_________________________________
CITY OF FORT COLLINS, a Colorado
home rule municipality,
Plaintiff - Appellee,
v.
OPEN INTERNATIONAL, LLC, a Florida
limited liability company, et al.,
Defendants - Appellants.
No. 24-1152
(D.C. No. 1:21-CV-02063-CNS-SBP)
(D. Colo.)
_________________________________
ORDER
_________________________________
This matter is before the court sua sponte. A review of Appellant’s docketing statement
and the district court docket has revealed a pending Renewed Motion for Judgment as a Matter
of Law, ECF No. 302, and a pending Motion to Alter Judgment, ECF No. 347. As a result, the
notice of appeal will not become effective until the district court enters an order disposing of
the pending motions. See Fed. R. App. P. 4(a)(4)(B). Accordingly, this appeal is ABATED.
However, the deadlines for filing the preliminary documents remain in effect.
Within 30 days from the date of this order, Appellant shall file a written report
advising this court as to the status of the pending motions. If the district court rules before that
time, Appellant shall notify this court in writing forthwith.
Entered for the Court
CHRISTOPHER M. WOLPERT, Clerk
By: Allie Parrott
Counsel to the Clerk
FILED
United States Court of Appeals
Tenth Circuit
May 7, 2024
Christopher M. Wolpert
Clerk of Court
Appellate Case: 24-1152 Document: 010111045402 Date Filed: 05/07/2024 Page: 1
Case No. 1:21-cv-02063-CNS-SBP Document 352 filed 05/07/24 USDC Colorado pg 1 of 1