Power Density Solutions LLC, James Hildebrandt v. United States

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
POWER DENSITY SOLUTIONS LLC, JAMES
HILDEBRANDT,
Plaintiffs-Appellants
v.
UNITED STATES,
Defendant-Appellee
______________________
2023-1957
______________________
Appeal from the United States Court of Federal Claims
in No. 1:21-cv-00911-AOB, Judge Armando O. Bonilla.
______________________
ON MOTION
______________________
Before D YK, C UNNINGHAM , and STARK, Circuit Judges.
CUNNINGHAM , Circuit Judge.
O R D E R
The United States Court of Federal Claims entered
judgment in this case on March 21, 2023. On May 23, 2023,
appellants filed their notice of appeal from that judgment.
The United States moves to dismiss this appeal as un-
timely. The appellants have not responded.
Case: 23-1957 Document: 8 Page: 1 Filed: 10/26/2023

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POWER DENSITY SOLUTIONS LLC v. US 2
To be timely, a party must file an appeal within 60 days
of the final judgment or order being appealed from the
Court of Federal Claims. See 28 U.S.C. §§ 2107, 2522; Fed.
R. App. P. 4(a)(1)(B); Fed Cir. R. 1(a)(1)(C). This time limit
is “a jurisdictional requirement” and “not subject to equita-
ble tolling.” Marandola v. United States, 518 F.3d 913, 914
(Fed. Cir. 2008) (citation omitted). Here, the notice of ap-
peal was due no later than May 22, 2023. Fed. R. App. P.
26(a)(1)(C). Because the notice of appeal was not received
within that time, we lack jurisdiction and must dismiss.
Accordingly,
I T I S O RDERED T HAT :
(1) The motion is granted. The appeal is dismissed.
(2) The parties shall bear their own costs.
October 26, 2023
Date
F OR THE COURT
/s/ Jarrett B. Perlow
Jarrett B. Perlow
Clerk of Court
Case: 23-1957 Document: 8 Page: 2 Filed: 10/26/2023

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