Benjamin Alli, Shaki Alli, and Bsa Corporation v. United States

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

BENJAMIN ALLI, SHAKI ALLI, AND BSA
CORPORATION,
Plaintiffs-Appellants,
v.
UNITED STATES,
Defendant-Appellee.

2011-5100

Appeal from the United States Court of Federal
Claims in case no. 01-CV-669, Judge Francis M. Allegra.

## ON MOTION

Before RADER, Chief Judge, DYK and O'MALLEY, Circuit
Judges.

PER CURIAM.

## ORDER

The United States moves to dismiss the appeal be-
cause the appeal was untimely filed. Benjamin Alli

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submits a response .* The United States replies. Benja-
min Alli submits a surreply. Benjamin Alli moves for an
enlargement of time to file an entry of appearance for
newly retained counsel. The United States opposes in
part.

The Court of Federal Claims entered a RCFC 54(b)
judgment in the underlying case on June 11, 2010 in the
government's favor. BSA Corp. filed its notice of appeal
more than one year later, on June 13, 2011.

An appeal from a judgment of the Court of Federal
Claims must be filed within 60 days after the entry of
judgment unless the time to file is tolled by the filing of a
timely motion for reconsideration in the trial court.
See 28 U.S.C. § 2522; Fed. R. App. P. 4. No such motion
was timely filed. Instead, on June 10, 2011, three days
before noticing the appeal to this court, Benjamin Alli
filed a document in the trial court entitled "motion for
relief from default judgment under rule 60(b)." That
motion was subsequently denied by the Court of Federal
Claims on July 22, 2011. Alli did not appeal that order.

The time limitation for filing a notice of appeal
is mandatory and jurisdictional. Bowles v. Russell, 551
U.S. 205 (2007) (the timely filing of a notice of appeal in a
civil case is a jurisdictional requirement that cannot be
waived); Marandola v. United States, 518 F.3d 913 (Fed.

\* The response purports to be submitted on behalf
of Benjamin Alli, Shaki Alli, and BSA Corporation.
However, Benjamin Alli may not as a pro se submit a
document on behalf of another individual or corporation.
In any event, we have considered the submitted docu-
ment, which does not appear to address the untimeliness
of the appeal.

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Cir. 2008) (applying Bowles to appeals from the Court of
Federal Claims).

Accordingly,
IT IS ORDERED THAT:

(1) The motion to dismiss is granted.

(2) Any other motions are denied as moot.

FOR THE COURT

NOV 16 2011

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Dawn E. Goodman, Esq.
Benjamin Alli

s24

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
NOV 16 2011

JAN HORBALY
CLERK