Sparton Corporation v. United States

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# United States Court of Appeals for the Federal Circuit

SPARTON CORPORATION,
Plaintiff-Appellant,
V.
UNITED STATES,
Defendant-Appellee.

2010-5014

Appeal from the United States Court of Federal
Claims in case no. 92-CV-580, Judge Edward J. Damich.

## ON MOTION

Before NEWMAN, FRIEDMAN, and LOURIE, Circuit Judges.
PER CURIAM.

## ORDER

Sparton Corporation moves for an extension of time to
file its opening brief. The United States opposes and
moves to dismiss this appeal. Sparton replies. Sparton
separately moves to file its brief out of time and for leave
to file a brief not to exceed 19,000 words. The United

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States moves for leave to file a response out of time.
Sparton replies.

Sparton's opening brief was originally due on Decem-
ber 28, 2009. This court granted Sparton eight extensions
of time to file its brief. In granting the eighth extension,
until June 11, 2010, this court informed Sparton that
further extensions were prohibited. Because Sparton
failed to comply with the court's order requiring that its
opening brief be filed no later than June 11, 2010, and
prohibiting further extensions of time, we dismiss this
appeal.

IT IS ORDERED THAT:

(1) The United States' motions are granted.

(2) Sparton's motions are denied.

(3) Each side shall bear its own costs.

FOR THE COURT

SEP 1 6 2010

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Steven Kreiss, Esq.
Gary L. Hausken, Esq.
$20

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT

SEP 1 6 2010

ISSUED AS A MANDATE:

SEP 1 6 2010

JAN HORBALY
CLERK