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Re: None

Thursday, 07/11/2013 10:42:59 AM

Thursday, July 11, 2013 10:42:59 AM

Post# of 59897
From Practioner's Handbook for Appeals from US Court of Appeals from 7th Circuit; I could not find this exact document for the DC circuit, but I imagine they all follow the same logic..

Settlement:

"Counsel, as an officer of the court, has a professional obligation to discuss with the client and opposing counsel the possibility of settling or otherwise disposing of the appeal without the need of a court decision. An agreed settlement is often superior to the remedy provided by a court decision since it provides a quicker, more certain resolution of the dispute and conserves scarce judicial resources.

Counsel should keep the court informed of the progress of all settlement negotiations, especially appeals under advisement or set for oral argument, by filing status reports with the clerk. When settlement becomes reasonably certain, counsel must so advise the clerk so that the court can decide whether to suspend its consideration of the appeal in anticipation of the appeal becoming moot. See
Selcke v. New England Insurance Co., 2 F.3d 790, 791 (7th Cir. 1993).

Once settlement is complete, counsel should immediately file an appropriate motion with the clerk.


IMO, the Company did this by submitting a filing saying they were voluntarily withdrawing the appeal.
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