Apple Computer, Inc. v. United States

Memorandum Opinion and Order

DiCarlo, Judge:

Plaintiff moves for the designation of court number 89-06-00336 as a test case and for the suspension of court numbers 89-12-00643 and 90-07-00358 (the “reserve cases”) under the proposed test case. Defendant initially sought stays of the reserve cases *381pending the outcome of court number 89-06-00336 but now conditionally consents to the designation and suspension provided suspension precludes plaintiff from voluntarily dismissing the suspended cases pursuant to Rule 41 (a) (1) (A) of the Rules of this Court. The Court denies the motion to designate…