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16-1178 - Vizant Technologies LLC, et al v. Julie Whitchurch, et al


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16-1178 - Vizant Technologies LLC, et al v. Julie Whitchurch, et al
January 13, 2017
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NOT PRECEDENTIAL PER CURIAM OPINION Coram: SHWARTZ, COWEN and FUENTES, Circuit Judges. Total Pages: 15. Appellees' motion to dismiss this appeal is granted in part, and we will dismiss this appeal as to all orders except (1) the order entering summary judgment and the interlocutory orders related to that issue, (2) the preliminary injunction, and (3) the order at ECF No. 215 denying Whitchurch's Rule 60(b) motion. Appellees' motion to sanction Whitchurch for filing an improper appeal is denied. Whitchurch's motion to proceed on the original record is granted. To the extent that the parties' filings request to other forms of relief, they are denied.
February 2, 2017
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ORDER AMENDING OPINION (Clerk) it appears that the opinion filed January 13, 2017 incorrectly referred to injunction entered the District Court as a preliminary rather than a permanent injunction. Accordingly, it is hereby ordered at the direction of the Court the opinion shall be amended as follows: For these reasons, appellees' motion to dismiss this appeal is granted in part, and we will dismiss this appeal as to all orders except (1) the order entering summary judgment and the interlocutory orders related to that issue, (2) the permanend injunction, and (3) the order at ECF No. 215 denying Whitchurch's Rule 60(b) motion. The Clerk is directed to file an amended opinion. As the error was typographical in nature the filed date of the judgment shall no be altered.
February 2, 2017
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AMENDED NOT PRECEDENTIAL PER CURIAM OPINION Coram: SHWARTZ, COWEN and FUENTES, Circuit Judges. Total Pages: 15. Appellees' motion to dismiss this appeal is granted in part, and we will dismiss this appeal as to all orders except (1) the order entering summary judgment and the interlocutory orders related to that issue, (2) the permanent injunction, and (3) the order at ECF No. 215 denying Whitchurch's Rule 60(b) motion. We will affirm those orders. In light of our partial jurisdiction over this appeal, appellees' motion to sanction Whitchurch for filing an improper appeal is denied. Whitchurch's motion to proceed on the original record is granted to the extent that we have reviewed the original record as necessary to decide this appeal. To the extent that the parties' filings request other forms of relief, they are denied.