Mytee Products, Inc. v. Harris Research, Inc.

N0'1‘E: This order is nonprecedential. United States Court of AppeaIs for the FederaI Circuit MYTEE PRODUCTS, INC., Plaintiff-Appellant, V. HARRIS RESEARCH, INC., Defendcmt-Cross Appellant, AND DOES 1 THROUGH 20, Defendcmts. 2010-1207, -1226 Appeals from the United States District Court for the Southern District of California in case no. 06-CV-185-4, Magist1'ate Judge Cathy An11 Be11civengo. ON MOTION Before BRYSON, Circuit Judge. ORDER Mytee Products, Inc. moves for reconsideration of the court's order dismissing this case for failure to prosecute. MYTEE PRODUCTS V. HARRIS RESEARCH 2 Harris Research, lnc. opposes and in the alternative moves for leave to file a supplemental appendix Mytee Products replies. Upon consideration thereof, I'r ls ORDsRED THA'r: (1) The motion for reconsideration is granted The court‘s dismissal order is vacated and the case is rein- stated. (2) The appellant must file the required number of copies of a corrected joint appendix within 10 days of the date of filing of this order That corrected joint appendix must also include the omitted material cited by the appel- lee in its opposition to the motion for reconsideration. If the corrected joint appendix is not filed within 10 days, the case will be dismissed °' (3) The appel1ee's motion for leave to file a supple- mental appendix is moot. FoR THE CoURT 1 8 2Ull /s/ Jan Horbal__v Date J an Horbaly Clerk cc: Anthony J. Dain, Esq. Shaun L. Peck, Esq. 88 F1L£n \|.S. COURT 0F APPEALS FOR THE FEDERAL CIRCU|T MAR 1 62011 JAul~aoasALv amc