Predator International, Inc. v. Gamo Outdoor USA, Inc.

Filing 380

USCA ORDER on 5/10/13 re: writ of mandamus filed by Predator International, Inc. (USCA 13-1130) (lswsl )

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Appellate Case: 13-1130 Document: 01019052393 Date Filed: 05/10/2013 Page: 1 FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS E EALS May 10, 2013 FOR THE TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court In re: PREDATOR INTERNATIONAL, INC., a Colorado corporation, No. 13-1130 (D.C. No. 1:09-CV-00970-PAB-KMT) (D. Colo.) Petitioner. ORDER Before LUCERO, HARTZ, and HOLMES, Circuit Judges. This matter comes before the court on the petition for writ of mandamus filed by Predator International, Inc. To be eligible for mandamus relief, Predator must show that it has “no other adequate means to attain the relief [it] desires,” that its “right to the writ is clear and indisputable,” and that “the writ is appropriate under the circumstances.” In re Cooper Tire & Rubber Co., 568 F.3d 1180, 1187 (10th Cir. 2009) (internal quotation marks omitted). We conclude that Predator International, Inc., has not made the showing necessary to obtain mandamus relief. The petition for writ of mandamus is therefore denied. The motion to exceed the page limit is denied as moot. Entered for the Court ELISABETH A. SHUMAKER, Clerk

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