FOSTER v. PITNEY BOWES CORPORATION , No. 13-1374 (Fed. Cir. 2013)
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The court issued a subsequent related opinion or order on December 11, 2013.
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Case: 13-1374 Document: 42 Page: 1 Filed: 10/03/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ FREDERICK FOSTER, Plaintiff-Appellant, v. PITNEY BOWES CORPORATION, Defendant-Appellee, AND UNITED STATES POSTAL SERVICE, Defendant-Appellee, AND JOHN DOES 1-10, Defendants. __________________________ 2013-1374 __________________________ Appeal from the United States District Court for the Eastern District of Pennsylvania in No. 11-CV-7303, Judge Joel H. Slomsky. __________________________ ON MOTION __________________________ PER CURIAM. Case: 13-1374 Document: 42 Page: 2 Filed: 10/03/2013 FOSTER v. PITNEY BOWES CORPORATION 2 ORDER Frederick Foster has filed a motion for judicial notice of new evidence pursuant to F.R.Evid. 201(c) and intervening change of controlling law/correction of error pursuant to F.R.C.P. 59(e). Pitney Bowes Corporation and the United States Postal Service oppose. Upon consideration thereof, IT IS ORDERED THAT: The motions are deferred for consideration by the merits panel. A copy of the motions papers and this order shall be transmitted to the merits panel assigned to the case. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk s26
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