Service Reminder LLC v. Volkswagen Group of America, Inc.

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

SERVICE REMINDER LLC,
Plaintiff-Appellant,
V.
VOLKSWAGEN GROUP OF AMERICA, INC.,
Defendant-Appellee.

2012-1139

Appeal from the United States District Court for the
Eastern District of Michigan in case no. 10-CV-12201,
Judge Denise Page Hood.

ON MOTION

Before NEWMAN, LOURIE and O'MALLEY, Circuit Judges.
NEWMAN, Circuit Judge.

ORDER

Volkswagen Group of America, Inc. moves to dismiss
this appeal for failure to prosecute. Service Reminder
LLC has not responded.

<!-- PageBreak -->

<!-- PageHeader="SERVICE REMINDER V. VOLKSWAGEN" -->

On March 23, 2012, this court denied Volkswagen's
prior motion to dismiss for failure to prosecute, but or-
dered Service Reminder to cure its non-compliance with
Federal Rule of Appellate Procedure 10(b) immediately
and to file its initial brief within 14 days. In that order,
Service Reminder was cautioned to "adhere strictly to all
of this court's rules and deadlines going forward."

Despite this warning, Service Reminder has not filed
its initial brief or requested an extension of time to do so.
Additionally, Volkswagen asserts Service Reminder
remains out of compliance with Rule 10(b).

"[F]ailure to comply with the court's rules, including
the requirements for preparing and filing briefs, appendi-
ces and other papers, may result in dismissal of an appeal
for failure to prosecute." Julien v. Zeringue, 864 F.2d
1572, 1574 (Fed. Cir. 1989) (citations omitted).

Because Service Reminder has violated this court's
order and failed to file its initial brief, this court has no
choice but to dismiss this appeal.

Accordingly,

IT IS ORDERED THAT:

(1) The motion is granted. The appeal is dismissed.

(2) Each side shall bear its own costs.

FOR THE COURT

JUN 2 2 2012

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JUN 22 2012
JAN HORBALY
CLERK

<!-- PageBreak -->

<!-- PageHeader="SERVICE REMINDER V. VOLKSWAGEN" -->

cc: Jean-Marc Zimmerman, Esq.
Michael J. Lennon, Esq.

s23

Issued as a Mandate:

JUN 2 2 2012