[00:00:00] Speaker 00:
Next case for argument before the panel is 21-1121, Maker Issues and Rights versus Google.

[00:00:10] Speaker 00:
Now, let me just start before we call on you, Mr. Abramson, with the fact that the deputy said that councils are prepared to argue.

[00:00:21] Speaker 00:
But I understand we just received this morning an unopposed motion for voluntary dismissal.

[00:00:28] Speaker 00:
So can you just present that to the court at this time?

[00:00:33] Speaker 02:
Yes, Your Honor.

[00:00:35] Speaker 02:
As the court's noted, we have filed

[00:00:39] Speaker 02:
an unopposed motion for voluntary dismissal last night.

[00:00:43] Speaker 02:
And that's between the parties, the case is completely resolved.

[00:00:50] Speaker 02:
So that's the status of it.

[00:00:52] Speaker 02:
We did not have a ruling from the court on this unopposed motion prior to appearing for this argument.

[00:01:03] Speaker 00:
If there are no questions from my colleagues, Mr.

[00:01:09] Speaker 01:
I have a question, Judge Prost.

[00:01:13] Speaker 01:
When you say unopposed, are we talking about basically a consent motion?

[00:01:19] Speaker 01:
All the parties agree to the dismissal?

[00:01:21] Speaker 01:
Is this dismissal prejudice?

[00:01:24] Speaker 02:
Yes, it is.

[00:01:25] Speaker 02:
It's voluntarily dismissed the above-captioned appeal where each party could bear its own costs, and the underlying decision was a final judgment in the district court.

[00:01:40] Speaker 02:
And yes, it was a complete settlement between the parties.

[00:01:46] Speaker 00:
OK.

[00:01:47] Speaker 00:
But the underlying, the decision below still stands, right?

[00:01:53] Speaker 02:
Well, that's a question of law.

[00:01:55] Speaker 02:
But we're dismissing the appeal.

[00:01:58] Speaker 02:
So that would be the consequence.

[00:02:01] Speaker 02:
The consequence of the decision?

[00:02:04] Speaker 01:
The decision of appeal, however, you're waiving.

[00:02:08] Speaker 01:
And this is a way they're not metaphor for to your waiving any, any rights or, um, that you may have under the district court case.

[00:02:17] Speaker 01:
So that's, this is what prejudice, correct?

[00:02:22] Speaker 02:
It is.

[00:02:23] Speaker 02:
So we're just missing the appeal and we have a final judgment in the, uh, in the, in the district court.

[00:02:28] Speaker 02:
So, um, the, uh, you know, the interpretation of that would be a question of law, but I have no reason to disagree with what your honor stated.

[00:02:38] Speaker 00:
Just to be clear, in other words, the district court proceeding, the district court adjudication of the claim remains in effect and on the record.

[00:02:47] Speaker 00:
And the only thing that is dislodged is this appeal of that opinion to our court.

[00:02:56] Speaker 02:
That would be correct, Your Honor.

[00:02:59] Speaker 00:
OK.

[00:03:01] Speaker 00:
Does your friend on the other side have anything to say, comment, add?

[00:03:09] Speaker 03:
May it please the court, this is Nicholas Lee on behalf of the appellees.

[00:03:12] Speaker 03:
We have nothing further to add beyond an appellant statement.

[00:03:15] Speaker 03:
Appellees don't object to the dismissal and, you know, we would just submit and agree with your honors that this would be with prejudice and the final judgment in the district court would still hold.

[00:03:31] Speaker 00:
Okay, anything more from my colleagues?

[00:03:35] Speaker 00:
We'll just take this under advisement and consider this motion as quickly as possible.

[00:03:44] Speaker 00:
Thank you.

[00:03:47] Speaker 03:
Thank you, Your Honor.

[00:03:48] Speaker 03:
Thank you, Your Honor.

[00:03:49] Speaker 00:
I don't want to say the case is submitted because I'm not sure what procedural posture we're in.

[00:03:55] Speaker 00:
But in many events, the panel will take the unopposed motion for voluntary dismissal under advisement.

[00:04:01] Speaker 00:
And that concludes our proceedings with respect to this case.

[00:04:04] Speaker 00:
Thank you.

[00:04:06] Speaker 00:
Thank you.