JUDGMENT ORDER
On May 17, 2023, Appellee moved to dismiss this appeal as moot. Having considered the parties arguments, we conclude that the appeal is moot and dismissal is appropriate. We express no opinion on whether the case itself is moot, and leave that question for the District Court to consider on remand. Our decision is limited solely to the appeal of the denial of a preliminary injunction. It is accordingly hereby ORDERED that the appeal is dismissed and the matter REMANDED to the District Court for further proceedings.
Paul B. Matey, Circuit Judge