ASPEX EYEWEAR, INC., and CONTOUR OPTIK, INC. v. E'lite Optik, Inc.

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# United States Court of Appeals for the Federal Circuit

ASPEX EYEWEAR, INC., and CONTOUR OPTIK,
INC.,
Plaintiffs-Appellants,
V.
E'LITE OPTIK, INC.,
Defendant-Appellee.

2009-1051

Appeal from the United States District Court for the
Northern District of Texas in case No. 02-CV-634, Judge
Sidney A. Fitzwater.

## ORDER

The parties have not submitted a status report as re-
quired by the court's March 31, 2009, July 28, 2009,
October 13, 2009, and December 2, 2009 orders.

The court stated in the December 2 order that if the
parties did not file status reports every 60 days, the court
would dismiss pursuant to Fed. Cir. R. 47.10 (if appeal is
subject to bankruptcy stay, clerk may dismiss without
prejudice to reinstatement within 30 days after lifting of
bankruptcy stay). The last status report was filed on

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February 1, 2010. Because the parties have not filed the
required status reports, the court dismisses pursuant to
Rule 47.10.

Accordingly,

IT IS ORDERED THAT:

(1) The appeal is dismissed without prejudice to rein-
statement pursuant to the terms of Fed. Cir. R. 47.10.

(2) Each side shall bear its own costs.

FOR THE COURT

JUN 1 1 2010

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Michael A. Nicodema, Esq.
Daniel V. Thompson, Esq.

$17

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JUN 1 1 2010

JAN HORBALY
CLERK