Provine v. Office Depot, Inc.

Filing 72

USCA Mandate (12-80218): In the absence of a timely motion for reinstatement, each party shall bear itsown fees and costs on appeal. This order served on the district court shall act as and for the mandate of thiscourt. (ysS, COURT STAFF) (Filed on 5/7/2013)

Case: 12-80218

05/07/2013

ID: 8618972

DktEntry: 6

Page: 1 of 2

FILED
MAY 07 2013

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HOWARD DAVID PROVINE,
individually and on behalf of other persons
similarly situated,
Plaintiff - Respondent,

MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS

No. 12-80218
D.C. No. 3:11-cv-00903-SI
Northern District of California,
San Francisco

v.
ORDER
OFFICE DEPOT, INC.,
Defendant - Petitioner.

Pursuant to the stipulation of the parties, this petition is dismissed without
prejudice to reinstatement in the event the district court declines to approve
respondent’s motions for preliminary or final approval of the class action
settlement or upon any appeal of the final approval order.
Petitioner may file a motion to reinstate the petition with this court within
28 days of an order by the district court denying a motion to approve the parties’
settlement or upon an appeal of the settlement order.
In the absence of a timely motion for reinstatement, each party shall bear its
own fees and costs on appeal.

KN/MOATT

Case: 12-80218

05/07/2013

ID: 8618972

DktEntry: 6

Page: 2 of 2

This order served on the district court shall act as and for the mandate of this
court.
FOR THE COURT:
MOLLY C. DWYER
CLERK OF COURT
By: Kamon Naddaf
Deputy Clerk

KN/MOATT

2

12-80218